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(영문) 수원지방법원 2017.04.27 2016고단5450
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to Suwon-si, Suwon-si, C Dong-gu.

On July 11, 2016, the Defendant received the second supplementary training (8H) conducted on August 12, 2016 at the C community service center located in Suwon-si, Gyeonggi-si, the Defendant did not receive the said training without justifiable grounds even though he/she received a notice of convening a drill under the name of the 4th unit commander of the 2819 unit in the Army. On July 21, 2016, the Defendant “I undergo the second supplementary training (6H)” at the above C community service center, “I undergo the second supplementary training (6H) conducted on August 19, 2016)” did not undergo the said training without justifiable grounds even after having received a notice of convening a drill under the name of the 4th unit commander of the 2819 unit.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of accusation, receipt of each notice, and the organization list of local reserve forces;

1. Application of Acts and subordinate statutes to a criminal investigation report (a copy of the judgment of the same kind of case, and of a summary order);

1. Article 15 subparag. 1 and Article 15 subparag. 9 subparag. 1 and Article 6 subparag. 1 of the Act on the Establishment of Local Reserve Forces (Amended by Act No. 14184, May 29, 2016); the choice of imprisonment with labor for each of the following matters:

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: Although the defendant had already been punished for a violation of the Act on the Establishment of Local Reserve Forces (five times a punishment) over several times, the defendant committed each of the crimes of this case at the same time, and the circumstances favorable to the fact that he/she was punished for a violation of the Act on the Establishment of Local Reserve Forces, over two times, even if he/she was sentenced to a punishment heavier than the suspension of execution: The defendant's mistake

The punishment shall be determined as ordered within the scope of the recommended punishment in consideration of the above circumstances, the defendant's age, sex, environment, motive for crime, etc.

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