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(영문) 의정부지방법원 고양지원 2016.04.29 2015고단3266
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was organized as a member of the local reserve forces in Gyeyang-gu Seoul Metropolitan City.

【2015 order 3266】

1. On October 12, 2015, the Defendant caused “E” office located in Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul to receive “the attendance training (the second supplement, 32 hours)” conducted at the training site for the Japanese reserve forces from October 20, 2015 to October 23, 2015.

“A notice of convening a local reserve force training in the name of the 2301 military unit manager of the 2301 military unit, “” was received, but did not undergo the said training without justifiable grounds from October 20 to October 23, 2015.

【2015 order 3583】

2. On October 20, 2015, the Defendant would receive “the second supplement (8 hours) to the training place conducted at the training place for the Japanese Reserve Forces from November 3, 2015 to November 6, 2015.”

“A notice of convening a local reserve force training under the name of the 2301 military unit manager of the 2301 military unit, “” was received, but did not undergo the said training without justifiable grounds from November 3, 2015 to November 6, 2015.

3. On November 10, 2015, the Defendant received “the second supplement (32 hours) to the training place conducted at the training place of the Yongsan-gu Reserve Forces from the office of the Defendant, Seoyang-gu G lending 31 and 202 Dongyang-gu, Chungcheongnam-gu, Seoul, and from November 23, 2015 to November 26, 2015.”

“Around receipt of a notice of convening a drill for the local reserve forces under the name of the 2301 military unit manager of the 2301 military unit, “A” did not undergo the said drill without justifiable grounds from November 23, 2015 to November 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing receipt of each accusation, statement of criminal facts, notice of call for education and training, and receipt of each muster notice;

1. Article 15 of the Act on the Establishment of Local Reserve Forces and Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces for the Prevention of Criminal Crimes;

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. The reason for sentencing of Article 62(1) of the Criminal Code of the suspended sentence is [for example, favorable circumstances] reflects, and subsequent convening training.

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