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(영문) 창원지방법원 마산지원 2018.03.27 2017고단1181
예비군법위반
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a member of the reserve forces belonging to the Army, the 5870 unit, the 5870 unit and the 6th presidential police unit.

1. On October 11, 2017, the Defendant, at around 16:42, was unable to participate in the training without justifiable grounds, even after receiving a notice of convening the training under the name of the sixth unit commander of the Army 5870 unit of the 5870 unit of the 5870 unit of the Army, which was conducted at the training site for the Masan-gun Reserve Forces from October 23, 2017 to October 26, 2017 (16 carried forward training, 24 hours).

2. On October 30, 2017, the Defendant was unable to participate in the training without justifiable grounds even after receiving a notice of a call-up for training in the name of the 5870 unit 6 unit commander of the Army, which was conducted at the training site for the Masan Woman Reserve Forces on the date, place, and October 30, 2017, under the name of the 5870 unit commander.

Summary of Evidence

1. Statement by the defendant in court;

1. Delivery of accusation documents against violators of the Act of each reserve force, notification of violations of the Act of each reserve force, confirmation of each crime, confirmation of the sender of each muster notice, and application of statutes governing receipt of each muster notice;

1. Article 15 (9) 1 and Article 6 (1) of the Act of each reserve force in the choice of applicable laws and punishment for facts constituting an offense;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed for the crime of violating the Act of the Reserve Forces due to the failure to participate in the second supplementary training for the same U.S. (the heavier punishment for concurrent crimes);

1. Article 62(1) of the suspended execution of the Criminal Act (Article 62(1) of the Criminal Act (the crime of this case was committed by the defendant who is anticipated to be engaged in his occupation, and the defendant shall have training in the future.);

being taken into account, such as being in progress)

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