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(영문) 서울북부지방법원 2015.04.28 2015고정574
향토예비군설치법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant as homeland reserve forces,

1. On June 15, 2014, the Defendant’s house located in Gangnam-gu Seoul Northern District B, and the Defendant’s mother was sent a notice of a call-up for training in the name of 218 units No. 2188, which was conducted on July 2, 2014 at the training site for the first half-time reserve forces training site (six hours) without undergoing the said training without justifiable grounds, even if the Defendant was sent by C;

2. On the same day, even though the mother of the defendant received a notice of a call-up for training in the name of the second unit commander of the 2188 military unit in the Army, which caused the second supplementary training (6 hours) for the whole carried forward conducted at the training site of the Geumcheon-hill Reserve Forces on July 3, 2014, he/she did not undergo the above training without justifiable grounds.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to accusation, receipt of a notice of call for education and training, and written confirmation of the substitute recipient;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines for the crimes and punishment therefor;

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

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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