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(영문) 인천지방법원 부천지원 2015.04.24 2014고단3214
향토예비군설치법위반
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

The defendant of "2014 Highest 3214" is the member of the homeland reserve forces belonging to the vice-cheon Central Reserve Forces.

At around 15:00 on October 22, 2014, the Defendant received a notice of a call-up for training in the name of the 48 management unit commander of the Army, 7873 unit 48 units of the Army, which caused the Defendant’s house located in Seocheon-gu, Seocheon-gu B to undergo a second supplementary training (6 hours) on November 11, 2014 at the training site of the Deputy Reserve Forces training site, but failed to participate in the training without justifiable grounds.

The defendant of "2015 Highest 6" is the member of the homeland reserve forces belonging to the vice-cheon Central Reserve Forces.

On November 4, 2014, the Defendant received a notice of a call-up for training in the name of the commander of the management unit 7873 unit 48 units of the Army, which caused the second supplementary training (six hours, carried-over training) conducted at the training site of the Bupyeong-gu Incheon District Reserve Forces on November 24, 2014, and participated in the above training without justifiable grounds.

Summary of Evidence

"2014 Highest 3214"

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation and a written notice of call for training "2015 order6";

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to accusation, notice of call for training;

1. Relevant Articles 15 (9) and 15 (1) 1, and 6 (1) of the Establishment of Homeland Reserve Forces Act, and the choice of imprisonment for the crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., circumstances leading to each of the crimes in this case, and the confession and reflective facts);

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