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(영문) 서울중앙지방법원 2016.04.27 2016고정540
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 19, 2015, the defendant was sentenced to a suspended sentence of five months for larceny by the Seoul Central District Court, and the judgment became final and conclusive on August 27, 2015.

1. On February 28, 2015, the Defendant did not receive training without justifiable grounds even after receiving a notice of training of local reserve forces in the name of the second unit commander of the 2089 unit unit 2, 2089, which was conducted at the training site in Gangnam-gu Seoul, Gangnam-gu from March 19, 2015 to March 24, 2015.

2. On March 25, 2015, the Defendant received the second supplementary training (one day, eight hours a day) on March 25, 2015 at the same time and place, and did not receive the training without justifiable grounds, even though he received the notice of the second supplementary training in the name of the commander of the second unit 2089.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. A certificate for delivery of each muster notice;

1. Previous convictions: A reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions of the disposition, and applying the statutes of the judgment;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces and the Selection of Fines concerning the facts constituting an offense, and Articles 15 (9) 1 and 6 (1) of the same Act;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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