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(영문) 대전지방법원 천안지원 2014.06.26 2014고정403
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant as a homeland reserve force member;

1. Around May 31, 2013, at the Defendant’s residence located in Western-gu B, Seo-gu, 125 Dong 503, and on June 19, 2013, at the reserve forces training site located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and Seo-gu, Seo-gu, the call order was not received without justifiable grounds to attend the said training without justifiable grounds;

2. Around June 24, 2013, the call-up order was issued to participate in the 16th supplementary training (6 hours) in the late 2008 Epicing Epicing Year 11, which was conducted on July 11, 2013, and “the 11th supplementary training (6 hours) for the first half of the year 2010,” which was conducted on July 18, 2013, but did not undergo the above training without justifiable grounds;

3. Around October 23, 2013, a notice of convening was issued to attend the “The 11th supplementary training (6 hours) for the first half of the year 2010,” which was conducted on November 12, 2013, and “The 16th supplementary training (6 hours) for the second half of the year 2008,” which was conducted on November 14, 2013, but did not undergo the said training without justifiable grounds;

4. Around November 7, 2013, a mustering order was delivered to attend the 2010th Supplementary Training (8 hours) that was conducted on November 27, 2013 at the above residence, and that was not received without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of crimes against the establishment of homeland reserve forces, confirmation of criminal facts, statement of criminal facts, delivery of call notice, receipt of call notice, application of the Acts and subordinate statutes on the organization of homeland reserve forces;

1. Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act on criminal facts, and the selection of fines for negligence;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The argument.

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