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(영문) 서울서부지방법원 2017.04.20 2017고단337
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for four months.

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.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to Seodaemun-gu Seoul Metropolitan Government B. B.

1. On November 8, 2016, the Defendant received a notice of convening a local reserve force training in the name of the third unit commander of the 1905 unit unit of the 1905 unit, which was carried forward to November 22, 2016, from the "place of business of the camping tower for the unit D unit" located in Sung-nam-si, Sung-si, Sung-nam, by facsimile, to undergo the second supplementary training conducted at the training site for the present reserve forces. However, the Defendant did not undergo the above training without justifiable grounds, even though he/she received the notice of convening a local reserve force training in the name of the third unit commander of the 1905 unit.

2. On November 8, 2016, the Defendant received a notice of convening a local reserve force training in the name of the third unit commander of the 1905 military army in the name of the 3 unit commander of the 1905 military army on November 23, 2016, from the “place of business of the camping tower for the D unit” located in Sung-nam-si, Seongbuk-si, Chungcheongnam-si, by facsimile, to undergo secondary supplementary training conducted at the training site for the present reserve forces on November 23, 2016, but did not undergo the above training without justifiable grounds.

3. On November 8, 2016, the Defendant received a notice of convening a call-up for a local reserve force in the name of the third unit commander of the 1905 unit in the 3 unit commander of the 1905 unit in the Army that would cause the second supplementary training carried forward to the next half of the 1905 unit, and did not undergo the said training without justifiable grounds, from the “place of business of the camping tower for the unit of D unit” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-si, Seoul, by facsimile.

Summary of Evidence

1. Statement by the defendant in court;

1. Criminal records;

1. Application of Acts and subordinate statutes governing receipt of call notice;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces, each of which is applicable to the facts constituting an offense, and each of which is the choice of a sentence, (an expulsion by Act No. 14184, May 29, 2016, has changed to the Act of the Reserve Forces, and thereby becomes effective November 30, 2016), and the choice of imprisonment, respectively;

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. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant had been subject to a fine of two times due to the failure to participate in the reserve forces training and the failure to participate in the reserve forces training.

However, the defendant is the case.

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