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(영문) 부산지방법원 동부지원 2020.04.09 2019고단2393
예비군법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant, as a member of the reserve forces, was directly notified of a call-up for the reserve forces training from October 29, 2019 to November 1, 2019, the Defendant was not trained for the reserve forces from October 30, 2019 to November 1, 2019 without justifiable grounds, even though he/she received the notice of call-up for the reserve forces training from October 30, 2019 to November 1, 2019 from around October 30, 2019 to around November 1, 2019.

The defendant of "2020 Highest 118" is the member of the homeland reserve forces belonging to B.

On November 28, 2019, around 07:20, the Defendant received a notice of a call-up for training in the name of the commander of the reserve forces (one day, eight hours) that “the second supplementary supplementary training” (one day, eight hours) was conducted at the office of the Defendant in Busan Shipping Daegu C and the third floor, and on December 6, 2019, at the office of the Defendant in Busan Shipping Daegu C and the third floor, and on December 6, 2019.

Summary of Evidence

"2019 Highest 2393"

1. Defendant's legal statement;

1. A written accusation;

1. Violation of the Reserve Forces Act, receipt of a notice of a call for training, and the organization card of the reserve forces “20 Height 118”);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation place (including notification of crimes violating the Reserve Forces Act, receipt of a notice of a call for training, and a reserve force organizing card);

1. Article 15 (9) 1 and Article 6 (1) of the Reserve Forces Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant is unable to participate in the reserve forces training repeatedly without justifiable grounds, even though he/she had a record of criminal punishment for a violation of the Reserve Forces Act and a violation of the Military Service Act.

However, the fact that the defendant's mistake is divided, and thus the reserve forces are being trained in good faith in the future, that the defendant does not have any criminal record exceeding the fine, and that the defendant's age, character and conduct, family relationship, and crime are committed.

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