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(영문) 대전지방법원 천안지원 2017.01.12 2016고정651
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a member of the homeland reserve forces belonging to two Eup units.

1. On March 11, 2016, the Defendant was unable to undergo the said training without justifiable grounds, even though he/she received a muster notice from the head office of the Eup/Myeon branch of the Eup/Myeon branch of the Masan-si, Asan-ro 356, 50, 3585 unit, which was conducted at the 50,3585 unit of the Masan-ro, 356.3.21, 2016.

2. The Defendant did not undergo the foregoing training without justifiable grounds, even though he/she received a muster notice in the second supplementary training for the first half of the year 2014, which was conducted by the 50,3585 unit of the 356-ro, Masan-ro, Masan-ro, 356 March 22, 2016 at the time and place specified in paragraph 1.

3. Although the Defendant received a muster notice, at the time and place specified in paragraph 1, the Defendant did not undergo the said training without justifiable grounds, in the first half of 2014, 2014, which was conducted by the 50,3585 unit, Gai-ro 356, Asan-ro, 356, Asan-ro, 3585 unit.

4. The Defendant did not undergo the foregoing training without justifiable grounds, even though he/she received a muster notice at the date and time specified in paragraph 1, and at the place specified in paragraph 1, that was conducted by the 50,3585 unit, Asan-ro, 356, 3585 unit, for the second supplementary training for the end of the end of the year 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of criminal facts and a statement of the sender of the muster notice;

1. Application of Acts and subordinate statutes to include a receipt of a notice of call for training and a local reserve force organized card;

1. Article 15(9)1 and Article 6(1)1 of the Act on the Establishment of Local Reserve Forces in the Republic of Korea (Amended by Act No. 14184, May 29, 2016);

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. The case is that a public prosecutor demanding formal trial against a summary order under Article 334(1) of the Criminal Procedure Act.

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