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(영문) 대구지방법원 2015.11.27 2015고정1976
향토예비군설치법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant is a member of the homeland reserve forces.

1. On February 28, 2012, the Defendant received a second supplementary education and training in the name of the second unit commander of the Army, which caused the second supplementary education and training carried forward from the Defendant’s house No. 103 1208, Mar. 13, 2012 to the Defendant’s house on March 16, 2012, the Defendant did not undergo the said training without justifiable grounds even after receiving a notice of convening the education and training under the name of the second unit commander of the Army, 5873, which was carried forward from the training site of the Gyeongdong-gun, Gyeong

2. On July 11, 2012, the Defendant received a second supplementary education and training in the name of the second unit commander of the Army 5873 unit 5873, which was conducted at the home of the Defendant’s apartment building B around July 23, 2012 from July 23, 2012 to July 25, 2012, and did not undergo the said training without justifiable grounds.

3. On February 20, 2013, the Defendant received education and training in the name of the second unit commander of military unit No. 5837 attached to the Army, which was conducted at the home of the Defendant’s apartment building B, on March 6, 2013 at the training site of the Gyeongdong-gun Reserve Forces (10 hours) and on March 7, 2013, which was conducted at the training site of the said reserve forces, from the training site of the said apartment building B, and did not undergo the said training without justifiable grounds, even though the Defendant received a notice of convening an education and training in the name of the second unit commander of military unit No.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A legal representative confirmation of C;

1. Criminal facts confirmation; and

1. A written confirmation for delivering each notice;

1. A receipt of each muster notice;

1. The application of each of the statutes governing the formation card of homeland reserve forces and each certified copy of resident registration;

1. Article 15(9)1 and Article 6(1) of the former Establishment of homeland Reserve Forces Act (Amended by Act No. 12791, Oct. 15, 2014); the choice of fines and fines for criminal facts;

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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