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(영문) 대전지방법원 2014.05.30 2014고단1416
향토예비군설치법위반
Text

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

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to eight months in Seoul Southern District Court for violating the Establishment of Homeland Reserve Forces Act, and completed the execution of the sentence on September 10, 2013.

On February 20, 2014, the Defendant did not undergo training without justifiable grounds, even though he received a second supplementary education on March 14, 2014, which was conducted at the Seo-gu Daejeon Army 1970 unit in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon District.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of violations of the Establishment of Homeland Reserve Forces Act;

1. Court rulings and application of Acts and subordinate statutes concerning confinement for individuals;

1. Relevant legal provisions and Articles 15 (9) 1 and 6 (1) of the Establishment of homeland reserve forces to choose a punishment on the crime.

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

1. In light of the fact that: (a) the sentence of the same kind of punishment with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reaches at least 20 times a day out of the supplementary training conducted for 4 days; and (b) the Defendant, as of the year 2013, has a duty to attend the reserve forces training for less than 32 hours in a normal course, taking into account the following: (a) the first half of the previous sentence of the same punishment (the repeated crime of the same type, the second half of the same five months after release); (b) the five times of the same fine (the second half of the year 201); and (c) the Defendant’s age, family relationship, and social relationship has not been lost; and (d) the Defendant, as of the year 2013, needs to give a last opportunity to the extent permitted by the Act only once.

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