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(영문) 수원지방법원 2019.03.27 2018고단6347
예비군법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the member of the reserve forces belonging to the police team belonging to the police team in Suwon-si.

1. On June 14, 2018, at around 13:44, the Defendant received the second supplementary training in the name of the fourth unit commander of the Army 2819 unit 4 unit in the Republic of Korea, which was conducted on July 13, 2018 from the Defendant’s residence, which was located in Suwon-si B lending C, which was located in the Defendant’s dwelling in Suwon-si, the second supplementary training was conducted on July 13, 2018 by the “the head of the Military Reserve Forces Training Center” in the 1263 unit of the “the head of the Military Reserve Forces Training Center”, and did not undergo the said training without justifiable grounds.

2. On June 21, 2018, the Defendant, at around 12:53, at the Defendant’s residence as indicated in paragraph (1), received the second supplementary training carried forward by the “the head of the orchard Reserve Forces Training Center” as stated in paragraph (1) of July 24, 2018, and received the second supplementary training carried forward, and did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of each D;

1. Each accusation letter, each notification of a violation of the Act of the Reserve Forces, summary of each crime, each criminal fact confirmation document, receipt of each muster notice, and the application of Acts and subordinate statutes on the organization card for reserve forces;

1. Article 15 (9) 1 and Article 6 (1) of the Reserve Forces Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. The reason behind the suspended sentence under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) is unfavorable to the defendant - The defendant has been sentenced to six times a fine due to a failure to participate in the reserve forces training.

- All favorable circumstances - the defendant has become aware of and against all the crimes of this case.

- The Defendant has failed to participate in the training for the reserve forces at all times due to a difficult economic situation, but in the future, the Defendant is going to not repeat the training for the reserve forces under good faith.

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