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(영문) 청주지방법원 2016.02.04 2015고정753
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a member of the homeland reserve forces belonging to B in the Western area.

On June 30, 2015, the Defendant received second supplementary training (over, six hours) conducted at the office of the Defendant from Cheongju-si and 105, from July 9, 2015, Cheongju-si to the second supplementary training (over, six hours) conducted at the training site for Cheongju-si located in Cheongju-si, a petition rate, and on October 14, 2015, from around November 4, 2015 to around November 6, 2015, the Defendant did not receive second supplementary training (over, eight hours), the second supplementary training (over, six hours), the second supplementary training (over, six hours), the second supplementary training (over, six hours), the second supplementary training and the second supplementary training conducted at the training site for Cheongju-si, from around 200 to 15, 201, and the second supplementary training (over, 16 hours) of the Defendant from around 16, 2015 to 201.

Summary of Evidence

1. Statement by each of the defendants in court;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Application of Acts and subordinate statutes on a certificate of each muster notice, a receipt certificate of each muster notice, and the organization card of local reserve forces;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces for the Establishment of the same Act and Articles 15 (9) 1 and 6 (6) of the same Act concerning the facts constituting an offense;

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. Articles 70(1) and 69(2) of the Criminal Act concerning the confinement of the workhouses [the Defendant’s act is based on religious conscience, but it cannot be deemed that it constitutes justifiable cause under Article 15(9)1 of the Act on the Establishment of Local Reserve Forces. Since each crime is established whenever he/she refuses to comply with the notice of a call for training without justifiable cause even if he/she received the notice of a call for training, and a summary order of conviction is finalized by refusing to comply with the notice of call for training.

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