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(영문) 서울동부지방법원 2014.12.09 2014고정1813
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the member of the homeland reserve forces in Gwangjin-gu, Seoul.

1. The Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City around July 22, 2011 from August 8, 2011 to the same year.

8. By November 1, 200, a notice of a call-up for training in the name of the third commander of the 3298 military units was delivered to the Army that would result in the second 30 hours of carryover carried forward conducted at the training site of the U.S. reserve forces located in the Namyang-si, Namyang-si without justifiable grounds.

2. On July 22, 2011, the Defendant, at the above Defendant’s house on August 12, 2011, participated without justifiable grounds even if he received a notice of a call-up for training in the name of the third unit commander of the 3298 military unit, which was carried out at the training site of the U.S. reserve forces located in Namyang-si, and caused secondary supplementary training.

3. On July 201, the Defendant did not report the relocation of a place of residence without justifiable grounds so that he/she could not deliver a training call notice even though he/she moved to Gwangjin-gu Seoul Special Metropolitan City E around the end of July, 201, and had the resident registration cancelled on August 25, 201.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to the notification of crimes in violation of the Establishment of Homeland Reserve Forces Act (including investigation records, No. 2, 3, 4 and each accompanying document);

1. Relevant Articles 15 (9) 1 and 6 (1) of the Establishment of homeland reserve forces Act, Articles 15 (2) and 6-2 of the Establishment of homeland reserve forces Act, the selection of fines, and the selection of fines, against the crimes;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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