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(영문) 서울중앙지방법원 2013.10.11 2013고단3969
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a member of homeland reserve forces.

[2013 Highest 3969]

1. On April 11, 2013, the Defendant: (a) at the Defendant’s residence located in Seongbuk-gu Seoul building 109 Dong 1303; (b) on April 30, 2013, the Defendant issued a notice of call for the training of the homeland reserve forces located in Seongbuk-gu Seoul building C; and (c) on April 30, 2013, the Defendant did not undergo the said training without justifiable grounds, even after receiving the notice of call for the training of the homeland reserve forces located in 5-10 located in Chungcheongnam-gu, Chungcheongnam-gu, Seoul; and (d) on May 3, 2013, the “the second supplementary training of the fH” carried forward in the training site.

[2013No. 4827] The Defendant received a notice of convening the homeland reserve forces training conducted at the place of training of the said Defendant around May 26, 2013, and on June 18, 2013, the Defendant did not undergo the said training without justifiable grounds, even though it received a notice of convening the homeland reserve forces training that “the second supplementary training that was carried forward on June 18, 2013.”

[2013 Highest 5518] On June 25, 2013, the Defendant received a notice of convening the homeland reserve forces training conducted at the training site of the said Defendant at the residence of the said Defendant, and on July 19, 2013, received a notice of convening the homeland reserve forces training conducted on July 19, 2013, and did not undergo the said training without justifiable grounds.

[2013No. 5658] On July 26, 2013, the Defendant received the notice of convening the homeland reserve forces training conducted at the above Defendant’s residence, and did not receive the above training without justifiable grounds even though it received the notice of convening the homeland reserve forces training conducted on August 8, 2013 and “the second supplementary training conducted on August 8, 2013 and the second supplementary training conducted on August 9, 2013.”

Summary of Evidence

1. Defendant's legal statement;

1. Request for accusation against the violator of the Establishment of Homeland Reserve Forces, application of each accusation sheet, and written request for accusation;

1. Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act concerning criminal facts;

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

1. Detention at a workhouse;

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