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(영문) 광주지방법원 목포지원 2017.02.14 2016고단1153
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a member of the local reserve force.

1. On June 29, 2016, the Defendant received a notice of convening a local drill for the reserve forces under the name of a commander of 8332, which was carried forward to undergo the second supplementary training conducted at the training site of Mapo-si in the Republic of Korea located in the Republic of Korea, from June 27, 2016 to June 29, 2016, from the Defendant’s house located in the Republic of Korea-U.S. B in the Republic of Korea-U.K., the Defendant received the notice of convening a local drill for the reserve forces under the name of a commander of 8332, which was carried forward to June 29, 2016.

However, the defendant did not receive the above training without justifiable grounds.

2. On June 30, 2016, the Defendant was notified of the call-up of the Reserve Forces under the name of 8332 commander of the Army, which received the second supplementary training carried forward from the Defendant’s house located in Newananan-gun B, South Korea, on June 30, 2016, at around 15:15, and around June 30, 2016, the Defendant received the second supplementary training carried forward from the Defendant’s house located in the Naman-gun, Naman-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, Yan-gun, North Korea

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing criminal facts confirmation, certificate of call-to- call sender, and receipt certificate of call-up notice;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have the record of being punished several times for the same crime, and the defendant committed a crime for which no training is conducted without justifiable grounds even though he received a notice of convening a local reserve force as in the instant case around May 25, 2016, even though he was under the suspension of the execution period. The defendant committed each of the instant crimes on the basis of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes. In order to prevent the recidivism

However, considering the circumstances favorable to the defendant that the defendant recognized the crime of this case and reflected, the age, the environment, and the age of the defendant.

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