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(영문) 춘천지방법원 원주지원 2016.10.06 2016고정246
향토예비군설치법위반
Text

A fine of 500,000 won shall be imposed on a defendant. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is a member of the homeland reserve forces belonging to the first-class headquarters of the YA, University Faculty, Campus, and the Second Central Headquarters.

1. On November 26, 2015, the Defendant received a notice of a call-up for training to complete the second supplementary training for eight hours carried forward at the training site of the counter-Seongdong Reserve Forces in the Republic of Korea on November 26, 2015, but did not comply with the said training without justifiable grounds.

2. On November 27, 2015, the Defendant received a notice of a call-up for training to complete the second supplementary training for six hours carried forward at the same place, but did not comply with the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Accusations;

1. Application of Acts and subordinate statutes on criminal records, certificates of fact on the ledger, certificates of notification, and cards for organizing the reserve forces;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that the Defendant was unable to participate in the reserve forces training without justifiable grounds; the Defendant has a record of being unable to participate in the reserve forces training in 2012 and 2013; the Defendant’s age, occupation, character and conduct, details of the crime and circumstances after the crime, etc.

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