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(영문) 서울동부지방법원 2015.11.18 2015고정1375
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is a homeland reserve force member.

1. On July 16, 2014, the Defendant received a notice of a call-up for training in the name of the 3298 unit commander of the Army, which was conducted at the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City, on July 24, 2014 at the training site of the Geumyang-si, Namyang-si, which was conducted on July 24, 2014, and did not undergo the said training without justifiable grounds.

2. On October 20, 2014, the Defendant received a notice of a call-up for training in the name of the first unit commander of the 3298 Army that caused six hours of homeland reserve forces training from the above Defendant’s house to the training site of the Geumyang-si, Namyang-si on November 5, 2014, and did not undergo the said training without justifiable grounds.

3. On October 17, 2014, the Defendant received a notice of a call-up for training in the name of the first unit commander of the 3298 Army that caused eight hours for homeland reserve forces training at the head of the said Defendant’s house and on November 6, 2014 at the Namyang-si, Namyang-si, the Defendant did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Fact-finding certificates of the same ledger;

1. Application of Acts and subordinate statutes governing receipt certificates;

1. Article 12791, Article 15 (9) 1, and Article 6 (1) of the Addenda of the Establishment of Local Reserve Forces Act (wholly amended by Act No. 12791, Oct. 15, 201);

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

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