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(영문) 대전지방법원 공주지원 2015.07.24 2015고단148
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is the homeland reserve forces organized in the 3rd Mynam-si, the 2015 Highest 148 Republic of Korea.

1. Although the Defendant was notified through his mother on April 2, 2015 that he would participate in the second carried-over supplementary training, the Defendant did not undergo the second carried-over training conducted from April 13, 2015 to April 15 of the same month without justifiable grounds.

2. On April 2, 2015, the Defendant was notified through his mother on April 14:10, 2015 that he would participate in (after) the second carryover training, but did not undergo (after) the second carryover training conducted on April 16, 2015 without justifiable grounds.

The defendant is the member of the homeland reserve forces organized in the third area of the 19th National Cemetery of the Republic of Korea in the 2015 Highest 164th National Assembly.

On November 11, 2014, the Defendant was notified that his mother would participate in the carried-over supplementary training in 2014 and the second carried-over training in 2014 scheduled to enter into force on November 27, 2014 by November 26, 2014.

Nevertheless, the Defendant did not receive the carried-over supplementary training in 2014 implemented on November 26, 2014 and the second carried-over training in 2014 implemented on November 27, 2014 without justifiable grounds.

Summary of Evidence

"2015 Highest 148"

1. Defendant's legal statement;

1. A written statement of the sender of each notice, and a written statement of the receiver of each notice;

1. A receipt of each notice of convening education;

1. Certificates of each crime;

1. Organization cards of the reserve forces;

1. Accusation against the violator of the Establishment of Reserve Forces Act, and notification of the offense against the Establishment of Reserve Forces Act “2015 Highest 164”;

1. Defendant's legal statement;

1. A written statement of the sender of each notice, and a written statement of the receiver of each notice;

1. A receipt of each notice of convening education;

1. Certificates of each crime;

1. Organization cards of the reserve forces;

1. Accusation against the violator of the Establishment of Homeland Reserve Forces Act, and the application of Acts and subordinate statutes;

1. Article 15 (9) 1 and Article 15 (9) of the Establishment of homeland reserve forces Act, each of the relevant statutory provisions and the choice of punishment against the crime;

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