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(영문) 서울북부지방법원 2014.04.10 2014고정437
향토예비군설치법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2014 fixed 437] The Defendant’s notice of call on October 29, 2013, which was the date and time of receipt of the notice of call indicated in the facts charged, is an erroneous entry.

On the same day, the notice of call for the training of homeland reserve forces under the name of the same commander to complete the training conducted in the same training place from November 12, 2013 to May 15, 2013 at the defendant's house of Gangnam-gu, Seoul, Seoul, to complete the training conducted from the defendant's office of 107 Dong 1302, to the defendant's office of the defendant from November 12, 2013 to the defendant's office of the same month was delivered, without justifiable grounds, and the above training was not conducted without justifiable grounds.

[2014 High 438] On October 7, 2013, the Defendant received the notice of call-up of homeland reserve forces in the name of the second unit commander of the 2188 military unit of the Army that was carried forward in October 15, 2013, “the second supplementary training (6 hours) and the second supplementary training (6 hours) in October 17, 2013,” and “the second supplementary training (6 hours) in the name of the second unit commander of the 2188 military unit of the Army that was carried forward in October 2013, the Defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of each accusation box and crimes violating the Establishment of Homeland Reserve Forces Act;

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

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, in relation to the facts constituting an offense, and the selection of punishment therefor;

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 alleged defendant refused to undergo the reserve forces training according to a religious conscience, which constitutes “justifiable cause” as prescribed by Article 15(9)1 of the Establishment of homeland Reserve Forces Act. This does not mean that a family is not.

(b)if any;

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