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(영문) 창원지방법원 마산지원 2018.11.13 2018고단523
예비군법위반
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a member of the reserve forces belonging to the 5870 army unit in the Army, the 5870 army.

1. On February 28, 2018, the Defendant, at around 15:20, was unable to participate in the above training without good cause, even after receiving a notice of convening a training call in the name of the fifth commander of the 5th unit unit of the 5970 unit in the Army, to participate in the second supplementary training (16 year training, 6 hours) conducted on March 14, 2018 at the head of the Defendant’s office located in Masan-si B and 306, Masan-si, Masan-si.

2. On March 15, 2018, the Defendant received a notice of convening a drill in the name of the fifth unit commander of the 5970 Army, to participate in the first half supplementary training (17 carry-over training and 6 hours) conducted at the training site of the Masan M&D on the date and at a place specified in paragraph 1, and was not participating in the above training without justifiable grounds.

3. On March 16, 2018, the Defendant received a notice of convening a training call in the name of the fifth unit commander of the 5970 Army, to participate in the second unit training (17 carry-over training, 6 hours) conducted at the training site for the Masan Wosan Pung National Reserve Forces, at a time and place specified in paragraph (1), and was not present in the said training without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation filed with the Chief of the Korean Army General of the 5870 Army unit;

1. Application of Acts and subordinate statutes governing receipt of each call notice;

1. Article 15 (9) 1 and Article 6 (1) of the Act of the Reserve Forces for the crimes, respectively, Article 15 of the Act applicable to the same crime;

1. Selection of penalty: Imprisonment with prison labor;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in the crime of violating the Act of the Reserve Forces following a failure to participate in training conducted on March 14, 2018, the largest punishment for concurrent crimes);

1. Article 62(1) of the Criminal Act on the stay of execution (which shows the appearance of the defendant to be trained in the future and in the future);

being taken into account the fact in

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