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(영문) 서울동부지방법원 2016.04.27 2016고정292
향토예비군설치법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a member of the homeland reserve forces belonging to the 6019 unit 2 unit B.

1. On July 8, 2015, the Defendant would receive the first supplementary education and training (6 hours) for the first time for the first time conducted at the training site of the training site of Gangdong-gu Seoul Metropolitan Government on July 23, 2015, and around July 23, 2015 at the Defendant’s dwelling in Songpa-gu Seoul Metropolitan Government 404.

“A notice of convening a reserve force training was received.”

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

2. The Defendant, at the same place as before and after October 16, 2015, is accused of the second supplementary education and training (six hours) for the first time period conducted at the training site for the Reserve Forces on November 5, 2015, at the same time as B administrative soldiers D.

See the explanation that “the national unit training was sought” and applied for the national unit training.

Nevertheless, 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 to receive a muster notice and a certificate for delivering a muster notice;

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. 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. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence)

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