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(영문) 의정부지방법원 2017.06.15 2017고정197
향토예비군설치법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 14, 2016, the Defendant in violation of the Military Service Act received the “Notice of Call-up for Military Force Mobilization Training” to participate in the call-up for military force mobilization training conducted at the 65 Association Mobilization training site, Chang-ro 320, Chang-ro, 320, from April 19, 2016 to April 21, 2016, at the Defendant’s residence located in Gyeonggi-si, Yang-si, the Defendant did not enlist on the designated date without justifiable grounds.

2. The Defendant who violated the Act on the Establishment of Local Reserve Forces is a member of the local reserve forces in the face of 43 management unit.

In March 28, 2016, the Defendant received a notice of convening a drill under the name of the 43 management unit commander from April 28, 2016 to April 29, 2016 at the training site for the same 2, 2016 - from April 28, 2016 to April 28, 2016, from D, the Defendant did not undergo the said training without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each written accusation, a statement of circumstances, and each written statement;

1. Application of Acts and subordinate statutes of the receipt and the training result management table;

1. Article 90(1) of the pertinent Act on criminal facts, Article 90(1) of the Military Service Act on the Selection of Punishment, and Article 15(9)1 of the former Act on the Establishment of Local Reserve Forces (amended by Act No. 14184, May 29, 201) (amended by Act No. 14184, May 29, 201); and the selection of fines for negligence.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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