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(영문) 광주지방법원 2017.11.08 2017고정1362 (1)
향토예비군설치법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to the 6753 unit in the Army.

1. On November 1, 2016, the Defendant, having access to the homepage of the local reserve forces around November 1, 2016, applied directly for the second supplementary training (24 hours) conducted by the military unit No. 6753 in the Hayang-gun, Chungcheongnam-gun, Namyang-gun, Namyang-gun, Namyang-do, from November 21, 2016 to November 24, 201, but did not undergo the said training without justifiable grounds.

2. On November 10, 2016, the Defendant received a second supplementary training (six hours) from the Defendant’s house located in Gwangju-dong-gu, Gwangju-gu, and from the Defendant’s office, on November 25, 2016, the Defendant did not undergo the said training without justifiable grounds, even after receiving a notice of convening a local reserve force, which directly leads to the second supplementary training conducted by the military unit No. 6753 of the Changyang-gu, Namyang-gun, Namyang-gu, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A letter of accusation issued by the 6753-4 General of the Army (including a certificate of criminal facts);

1. Details of applications for the said failure training;

1. Application of Acts and subordinate statutes governing receipt certificates;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces for the Establishment of such a Act and the Selection of a fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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