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(영문) 서울동부지방법원 2015.05.19 2015고정654
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2015Gohap654] On February 19, 2014, the Defendant, as a member of the homeland reserve forces, received a notice of convening a call for the training of the homeland reserve forces under the name of the second unit commander of the 3298 unit commander of the Army, which was caused by the second supplementary training (20H) at the head of Seongdong-gu Seoul Metropolitan Government 202 Dong-dong 806, March 10, 2014 from the head of the Defendant’s house, Seongdong-gu District Reserve Forces training site.

However, the Defendant did not receive the above training without justifiable grounds and did not receive the total of five times training as shown in the attached Table of Crimes.

[2015 Highly 655] The defendant is a member of the homeland reserve belonging to Seongdong-gu Seoul Metropolitan Government.

On April 28, 2014, the Defendant received a notice of convening a call-up for education and training for the reserve forces that would undergo the second supplementary training on May 19, 2014 at one’s house located in Seongdong-gu Seoul, Seongdong-gu and 202 Dong 806, which was conducted by the head of the Geumdong Reserve Forces training site on May 19, 2014, but did not undergo the said training without justifiable grounds.

B. On April 28, 2014, the Defendant received a notice of convening a call-up for the reserve forces’ education and training conducted at his/her home on May 21, 2014 at his/her home on May 21, 2014, and did not undergo the said training without justifiable grounds.

[2015 High Court Decision 658] The defendant is a member of the homeland reserve forces.

On September 25, 2013, the Defendant received a muster notice from Seongdong-gu Seoul, Seongdong-gu, 202 Dong 806 to 806 on October 16, 2013 that he would undergo reserve forces training at the head of the Geumyang-si Reserve Forces training site located in the Namyang-si, Namyang-si.

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

Summary of Evidence

[2015 High Court Decision 654]

1. Defendant's legal statement;

1. A letter of accusation (the letter of directives of the Bank of Korea);

1. Defendant's legal statement;

1. Written accusation (Sil-gun 3298 Register) (2015, 658);

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the written accusation (Military Register 3298);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime; and

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