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(영문) 대전지방법원 천안지원 2016.05.26 2015고정819
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On June 23, 2014, the Defendant received a notice of convening a training call in the name of “C” from the Defendant’s workplace located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and on July 23, 2014, at the training site for the reserve forces located in Dong-gu, Nam-gu, Nam-gu, Nam-gu, and Dong-gu, for the first half of 2014, “six hours for the second supplementary training.”

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

2. On November 6, 2014, the Defendant received a notice of convening a training call in the name of “C” from the Defendant’s workplace located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and the reserve forces training site located in Dong-gu, Nam-gu on November 27, 2014, “six hours for the third supplementary training course for the first half of the year 2014” from the Defendant’s workplace, and received a notice of convening a training call in the name of 2162 commander of the Army (No. 3585 unit 1 of the 3585 unit) by the mother’s transmission.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the sender of call-up notice;

1. Application of each Act or subordinate statute to notify crimes in violation of the Act on the Establishment of Local Reserve Forces, receipt of muster notices, 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 (wholly amended by Act No. 12791, Oct. 15, 2014);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the fact that the defendant was sentenced to six times a fine for the same kind of crime, four times a fine for the same type of crime, the defendant has no record of criminal punishment exceeding a fine, and all of the crimes are recognized, and the defendant's age, sex, environment, etc. are reflected in the arguments of this case, and the punishment is ordered as set forth in the Disposition above.

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