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(영문) 수원지방법원 성남지원 2012.05.09 2012고정210
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant as a member of homeland reserve forces,

1. On October 28, 201, the Defendant’s house located in Sung-gu, Sungnam-gu, Seoul Special Metropolitan City B loan 4.402 from November 8, 2011 to November 9, 2011, which caused supplementary training at the training site for the Sung-nam reserve forces located in 95, Sung-nam Special Metropolitan City, Seo-gu, Sung-nam Special Metropolitan City, to undergo supplementary training at the training site for the 3879 unit 3 unit commander of the Army, which was sent, did not undergo the said training without justifiable grounds.

2. On October 28, 2011, at a place indicated in paragraph (1) where the Defendant’s residence was located, a notice of convening the homeland reserve forces training was served on November 14, 201 in the name of the third unit commander of the 3879 unit in the name of the third unit commander of the Army that caused the training of the homeland reserve forces, and the said training was not conducted without justifiable grounds even after a notice of convening the homeland reserve forces training was served at the same place as of November 16, 201 at the same place as of November 25, 2011.

3. On November 18, 201, at the place indicated in paragraph (1) where the Defendant’s residence was the Defendant’s dwelling, the notice of a call-up for training in the name of the third unit commander of the Army, which caused the training of homeland reserve forces at the training site of the said Sung-nam Reserve Forces from November 28, 2011 to November 30, 201, was delivered, but did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on a written accusation;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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