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(영문) 대구지방법원 김천지원 2014.10.15 2014고단698
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

Defendant is a member of the homeland reserve forces belonging to B.

1. On November 11, 2013, the Defendant did not undergo the above training even after receiving the notice of call-up for the homeland reserve forces training in the name of the first unit commander of the 5837 military unit of the 5837 military unit of the 1st unit of the 5837 military unit of the 1st unit of the 5837 military unit of the 1st unit of the 5837 military unit of the 201th military unit of the 2013 military unit of the 503 military unit, which was carried over (11) from November 1, 2013 to December 12, 2013.

2. On November 15, 2013, the Defendant received a notice of call-up for the training of homeland reserve forces under the name of the 1st unit commander of the Army No. 5837, Nov. 15, 2013, and did not undergo the said training without justifiable grounds, even though he/she received a notice of call-up for the training of homeland reserve forces under the name of the 1st unit commander of the Army No. 5837, Nov. 15, 2013 at the above date and place, “The Defendant was unable to undergo the second (six hours) supplementary training (six hours) for the first period of November 21, 2013.”

Summary of Evidence

1. Defendant's legal statement;

1. Notification of crimes against the violation of the Establishment of Homeland Reserve Forces Act by the first unit commander of 5837 for the Army;

1. 각 수령증(2013. 11. 11.∽12.자 훈련, 2013. 11. 15.자 훈련, 2013. 11. 21.자 훈련) 법령의 적용

1. Relevant provisions of the relevant Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (including the past record of being punished three times for the same crime, and there is no reason to take into account the failure to participate in training, but there is no criminal record of the suspension of execution or more, and the equity of the punishment with similar cases);

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