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(영문) 청주지방법원 2016.10.05 2016고정704
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as a member of the homeland reserve forces on May 31, 2016, who was sent a notice of convening the homeland reserve forces training in the name of the third unit commander in the 2161 unit commander of the Army, was not subject to the said training without justifiable grounds, at the defendant's residence located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Notification of crimes violating the Establishment of Homeland Reserve Forces Act;

1. Criminal records in the same book;

1. A certificate of the sender of the call notice;

1. Receipt of the muster notice;

1. A homeland reserve forces composition card;

1. Application of statutes on certified copies of resident registration cards;

1. The pertinent Article on criminal facts and Articles 15(9)1 and 6(1) of the Act on the Establishment of homeland reserve forces to impose punishment on the crime [the defendant has a justifiable reason for not undergoing homeland reserve forces training on a religious reason, and it is unreasonable to punish the defendant if he/she was punished for failing to undergo homeland reserve training on the same ground, even though he/she did not undergo homeland reserve training on the previous grounds, it does not constitute a justifiable reason under Article 15(9)1 of the Act on the Establishment of homeland reserve forces even if he/she does not receive homeland reserve forces training, and each crime is established whenever he/she refuses homeland reserve forces training on the same ground. Thus, even if the defendant was punished for failing to undergo homeland reserve training on the previous ground, punishment of the defendant cannot be deemed double punishment or contrary to the principle of res judicata (see, e.g., Supreme Court Decision 2009Do7120, Oct. 15, 2009).]

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

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

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