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(영문) 전주지방법원 정읍지원 2015.06.23 2015고단181
향토예비군설치법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant committed the crime on March 26, 2015: (a) from March 23, 2015 to March 23, 2015, the Defendant: (b) from the Defendant’s house located in Jung-gu, Jung-up, Si, Jeong-up, Seo-gu, Seo-gu, Seo-gu, Seo-dong, Seo-gu, the

3. By the end of December, 26, he received the notice of call-up for the training of homeland reserve forces in the name of the fourth unit commander of the Army8098, which caused the supplementary training (30H) at the training place of the regular Eup/Myeon;

Nevertheless, the Defendant did not receive the above training without justifiable grounds.

2. On March 27, 2015, the Defendant received a notice of call-up for the training of homeland reserve forces in the name of the fourth unit commander of the army unit of the 8098 unit unit of the Army, which was issued from the Defendant’s house located in Jung-gu, Jung-gu, Jung-do, the Korean Reserve Forces C to receive supplementary training (6H) at the training site of Jung-gu, Jung-gu, the Seoul Special Metropolitan City Reserve Forces C on March 27, 2015, from March 27, 2015.

Nevertheless, the Defendant did not undergo the above training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Notification of crimes in violation of the Act on the Establishment of Preliminary Rights for each Local Area (five pages, sixteen pages);

1. Each written confirmation of criminal facts (six-dimensional, seventeen-dimensional pages);

1. A written statement of convening each education and training meeting (seven pages, eighteen pages of investigation records);

1. Receipt of each notice of convening education and training (eight pages, 19 pages of investigation records);

1. Application of Acts and subordinate statutes to each proxy transmission note (14 pages, 25 pages of investigation records);

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, in relation to the facts constituting an offense, and the selection of punishment therefor;

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the defendant's assertion is that the defendant refused the training of the reserve forces according to a religious conscience as a female and a witness, and this is based on the freedom of conscience guaranteed by the Constitution. Thus, the defendant's refusal of training is stipulated under Article 15 (9) 1 of the Establishment of homeland Reserve Forces Act.

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