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(영문) 부산지방법원 2015.09.11 2015고단587
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to the three-minutes of the Cdong-gu Busan Metropolitan City.

1. At around 14:30 on October 27, 2014, the Defendant failed to undergo the above training without justifiable grounds even after receiving a notice of a call-up for training in the name of 1st unit 6th unit of the Army 6339, which is the cause of receiving a call-up in the name of 1st unit of the Army 6339, which is implemented at the training site of the Si/Gun/Gu reserve forces of Busan on November 18, 2014 at the Defendant’s residence located in Young-do, Busan on or around 14:30 on October 27, 2014. The Defendant did not receive the training call-up notice in the name of 6th unit of the 1st unit of the 639th unit of the Army, which is conducted at the training site of the Si/Gun/Gu, from November 25 to 26, 2014.

3. On November 27, 2014, the Defendant, at the date and place indicated in paragraph (1), received a notice of a call-up for training in the name of the 1st unit commander of the Army No. 6339 unit in the Army, which is going to undergo the second and six hours for the last 14 years on November 27, 2014, and did not undergo the above training without justifiable grounds. 4. On November 28, 2014, conducted at the date and place indicated in paragraph (1). The Defendant did not undergo the above training without justifiable grounds even after having received a notice of call-up in the name of the 639 unit commander in the name of the 1st unit commander of the 639 unit for the Army, which is going to undergo the training in the name of the 639 unit commander of the city/Gu/Dong reserve forces.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Requests for accusation against the violator of the Establishment of Homeland Reserve Forces;

1. A statement of criminal facts;

1. Receipt of each notice of a training call;

1. Application of Acts and subordinate statutes to a written statement of call notice;

1. Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act, and the choice of imprisonment for a crime;

1. Article 37 of the Criminal Act aggravated for concurrent crimes.

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