logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.04.08 2014고단2023
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

1. On March 4, 2014, the Defendant did not undergo the training call notice in the name of the 2nd unit commander of the Army 5531 attached to the Army, which was issued by the Gangseo-gu Seoul Metropolitan community service center on March 4, 2014, and from March 17, 2014 to March 19, 2014, by the forest bridge located in the gamba-dong-dong from March 17, 2014 to March 19, 2014.

2. On March 4, 2014, the Defendant did not undergo the training call notice in the name of the second unit commander of the Army No. 5531 attached to the Army, which directly received the training call notice in the name of the second unit commander of the 5531 unit, which was conducted at the Gangseo-gu Seoul Metropolitan City Community Service Center, and at the forest bridge located in the Gi-si Office-dong on March 20, 2014, which was conducted on March 20, 2014.

3. On March 4, 2014, the Defendant, at the Gangseo-gu Seoul Metropolitan community service center, on March 15:30, and on March 20, 2014, received a notice of a call-up for training in the name of the 2nd unit commander of 5531 attached to the Army, which directly received six hours for the second supplementary training in the 2nd unit of 5531, which was conducted at the Gao-dong, Gi-si, Gyeonggi-do, the Defendant did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes on each criminal facts, receipt of a muster notice, written confirmation of call-up, and homeland reserve forces formation card;

1. Relevant Articles 15(9)1 and 6(1) of the former Establishment of Homeland Reserve Forces Act (Amended by Act No. 12791, Oct. 15, 2014); and the choice of imprisonment for a crime

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 even though the defendant had a record of having been punished several times for the same crime, it is inevitable to punish the defendant for each of the crimes in this case.

The circumstances favorable to the defendant, such as the fact that the defendant has repented and reflected his mistake, etc.

arrow