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(영문) 전주지방법원 2013.11.28 2013고단1902
향토예비군설치법위반
Text

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

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

Reasons

Punishment of the crime

[2013 Highest 1902] The Defendant, as a member of the homeland reserve forces, failed to undergo the above training without justifiable grounds even after he/she received a notice of convening the homeland reserve forces training (second supplementary training) from a restaurant located in Seo-gu Seoul Special Metropolitan City B around 19:00 on June 18, 2013, and from July 8 to July 9, 2013 in the Jeoncheon-gu Special Metropolitan City Reserve Forces Training Center in Songcheon-dong 2, Songcheon-dong 2, 2013.

[2013 Highest 2330] The defendant as a member of the homeland reserve forces, was not subject to the above training without any justifiable reason even though he was delivered a notice of a call-up for training in the name of the second unit commander of the military unit of the 9585 unit of the second unit of the 2nd unit of the 9585 unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2nd unit of the 2013th class of the 200th class of the 20th class of the 200th class of the 20th class of the 20th class of the 20

Summary of Evidence

[2013 Highest 1902]

1. Defendant's legal statement;

1. A copy of a written notice of convening education and training meetings, a receipt of the notice of convening education and training meetings, and a homeland reserve forces organized card (2013No. 2330);

1. Defendant's legal statement;

1. Delivery of a written notice of convening education and training, receipt of a notice of convening education and training courses, and application of statutes on the organized homeland reserve forces;

1. Relevant provisions of the relevant Acts and the choice of punishment for the crimes, and Article 15 (9) 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. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (the favorable circumstances such as the confession of and reflect against a crime, and the fact that the defendant will faithfully participate in the reserve forces training in the future);

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