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(영문) 부산지방법원 2013.06.21 2013고정1927
향토예비군설치법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 27, 2013, the Defendant was sentenced to a suspended sentence of one year for the crime of injury, etc. at the Busan District Court, which was sentenced to a suspended sentence of two years on April 4, 2013, and is the member of the homeland reserve forces for the first time to the third time to the retirement.

1. From August 24, 2012 to September 18, 2012, the Defendant, from the mother of the Defendant (the mother of the Defendant) on August 24, 2012, from the office of the Defendant C at Busan Dong-gu, Busan, to the office of the Defendant.

9. By December 20, 200, a muster notice was delivered in the name of the fourth unit commander of the Army, which caused the carryover training in 2010 at the fourth unit training place of the 7508 Army, Busan Shipping Daegu, 29-2, the 7508 Army.

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

2. On September 26, 2012, the Defendant received a notice of a call-up for training from her mother B that “the second supplementary training (6 hours) was conducted at the office of the Defendant at the office of the Defendant C in Busan Dong-gu, Busan on October 19, 2012 at the fourth reserve forces training site located in the fourth reserve forces located in 7508, October 19, 2012.”

However, the defendant was not subject to the above training without justifiable grounds.

3. From October 30, 2012 to November 1, 2012, the Defendant received the second supplementary training for 12 years, which was conducted from October 30, 2012 to December 1, 2012 in the 7508 unit No. 4 of the Army, Song-dong, Busan, Busan, the Army, Busan, and caused the second supplementary training for 12 years, which was conducted in the 7508 unit No. 4 of the 24 hours) from the Defendant’s mother and received the notice from B without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to each charge, each notice of call for training, and written confirmation;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2) of the Criminal Act for the detention of a workhouse;

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