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(영문) 부산지방법원 2016.06.30 2015고단7860
향토예비군설치법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 12, 2015, the Defendant was unable to undergo training in the name of the 6339 unit commander of the 5th unit of the 6339 unit of the Army, which was conducted at the training site for the 6339 unit of the 5th unit of the 5th unit of the 5th unit of the 5th unit of the 6339 unit of the Army, which was conducted at the training site for the 6th unit of the 5th unit of the 5th unit of the 6339 unit commander of the 2015 unit of the 2015 unit of the 6339 unit.

On October 12, 2015, the Defendant, at around 15:31, 2015, did not undergo the above training without justifiable grounds, even though he received a notice of convening the education and training for the reserve forces under the name of the fifth unit commander of the 6339 unit of the Army, which was conducted at the training site for the 111-68 Mara Mora, Busan, 192, Mara-ro, 192, Mara 111-68, which was conducted at the training site for the 7th supplementary carried forward training site of the 2012 Army, which was conducted by the head of the 639 unit of the 5th unit in the Army.

Summary of Evidence

"2015 Highest 7860"

1. Statement by the defendant in court;

1. The receipt of a notice of call for training and the written statement of the sender of the call-up notice "2016 Height 889";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a receipt of a notice of call for training and a written statement of caller;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces (amended by Act No. 12909, Dec. 30, 2014) applicable to the facts constituting an offense, and each Gu’s Local Reserve Forces for the Selection of Punishment, etc.

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Monitoring, etc., of the same kind of crime, which has been punished six times for the same crime, and thus, the criminal liability for the same crime is not less complicated, such as repeating the instant crime.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant has not been punished as more than a suspended sentence, the age, sex, environment, etc. of the defendant.

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