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(영문) 인천지방법원 2018.09.20 2018고단218
예비군법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the reserve forces belonging to the two units of training.

1. On October 20, 2017, the Defendant failed to undergo the said training without justifiable grounds even after receiving a notice of convening a call for the reserve force training under the name of the second unit commander of the 7873th unit of the 7873 unit of the Army, which was conducted at the training site of Yeonsu-gu, Yeonsu-gu, Yeonsu-gu on November 3, 2017 at around 09:35, the cause of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and the second unit commander of the 2nd unit of the 7873 unit.

2. On October 20, 2017, the Defendant failed to undergo the said training without justifiable grounds even after receiving a notice of convening a call for the training of the reserve forces in the name of units 7873 units 7873 units 2 units 7873 units 7873 units 2 units 7873 units of the Army, which was conducted at the training site of Yeonsu-gu, Yeonsu-gu, Jung-gu, Seoul, from November 6, 2017 to November 7, 2017.

3. On October 20, 2017, the Defendant was unable to undergo the said training without justifiable grounds even after receiving a notice of convening a call for the reserve forces training in the name of the second unit commander of the 7873 unit units of the 7873 unit of the Army, which was conducted at the training site of Yeonsu-gu, Yeonsu-gu, Yeonsu-gu on November 10, 2017 at around 09:35, the cause of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

4. On October 20, 2017, the Defendant received a notice of convening a reserve force training in the name of the second unit commander of the 7873 unit of the 7873 unit of the Army, which was conducted at the training center of Yeonsu-gu, Jung-gu, Yeonsu-gu from November 20, 2017 to November 23, 2017, and the Defendant did not receive the said training without justifiable grounds, even though he/she received a notice of convening a reserve force training in the name of the second unit commander of the 7873 unit of the 7873 unit of the 2 unit of the Yeonsu-gu, Yeonsu-gu, Yeonsu-gu.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes governing receipt of each call notice;

1. Relevant legal provisions of the Act and Articles 15 (9) 1 and 6 (1) of the Act of the Reserve Forces which choose the punishment for an offense, and the choice of imprisonment with prison labor (the circumstances close to the habitual failure and cumulative consideration of the same kind of force);

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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