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(영문) 대구지방법원 영덕지원 2015.07.01 2014고정100
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

I. The Defendant is the member of the homeland reserve forces.

On July 11, 2014, at around 14:20, the Defendant was issued a notice of convening the homeland reserve forces training in the name of the commander of the second territorial sea of the Republic of Korea and the second territorial sea of the Republic of Korea, which caused the training of the homeland reserve forces in the headquarters located within the territorial sea, the territorial sea located within the territorial sea of the Gyeongnam-gun.

However, the defendant did not receive the above training without justifiable grounds.

II. The Defendant is the member of the homeland reserve forces.

At around 14:00 on November 13, 2014, the Defendant received respectively a notice of convening the homeland reserve forces training in the name of the commander of the 5312 book of the Army, which is located within the territorial sea inside the territorial sea of the Gyeongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant did not undergo the above training without justifiable grounds despite the receipt of each notice of convening the homeland reserve forces training in the name of the commander of the 5312 book of the Army, which is located within the Dogro-gun, Dogro-gun, the second parallel training in the 12th century, the second parallel training in the Dogro-gun, the second parallel training in the Dogro-gun, the second parallel training in the Dogro-gun, the second parallel training in the Dogro-gun on November 24, 2014.

Summary of Evidence

1. Statement to the effect that “The defendant has not received reserve forces training as stated in the facts charged” made by this Court

1. Each accusation;

1. C’s written statement of each call-up notice for training and written confirmation of criminal facts on the territorial sea surface register;

1. Receipt of a training call notice, and application of statutes of resident registration cards;

1. Articles 15 (9) 1 and 6 (1) of the former Establishment of homeland reserve forces Act (Amended by Act No. 12791, Oct. 15, 2014);

1. From among concurrent crimes, the punishment aggravated for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment aggravated for concurrent crimes prescribed by the crime of violation of homeland reserve forces which refused the training of homeland reserve forces as of November 28, 2014, which is the largest penalty);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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