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(영문) 수원지방법원 안산지원 2016.07.13 2016고단1862
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for not less than two 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

1. On July 4, 2014, on July 14, 2014, the Defendant, a member of the local reserve forces, received a notice of convening a local reserve force training in the name of the 2506 unit commander of the 2nd unit 2506 unit commander of the Army, which caused the second supplementary training (Carry-over training) at the training site for the reserve forces in the 71st unit in the 71st unit in Ansan-dong, Gyeyang-gu, Gyeyang-gu, Ansan-si, Ansan-dong, Gyeyang-gu.

On July 13, 2014, the Defendant: (a) decided to submit a medical certificate on the ground of health on an excursion ship; (b) demanded postponement of training; (c) but did not comply with the demand; and (d) postponed training by fraudulent means, such as not complying with the demand.

2. On November 3, 2014, the Defendant, a member of the local reserve forces, was sent a notice of convening a drill under the name of the head of the Jeju Jeju Provincial District District District, to the Defendant’s wife C to participate in the overall next supplementary training (2013) conducted at the training site for the reserve forces located in Ansan-si, Gyeonggi-do, and on November 13, 2014, at the training site for the reserve forces located in Ansan-si, Gyeonggi-do.

However, the defendant did not receive the above training without justifiable grounds.

3. On November 3, 2014, the Defendant, a member of the local reserve forces, was issued a notice of convening a drill under the name of the head of the Jeju Jeju Jeju District District District Branch to attend the second supplementary training (2013) conducted at the training site of the reserve forces located in Ansan-si, Gyeonggi-do on November 3, 2014, and the second supplementary training (2013) on November 11, 2014.

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. Receipt of each call-up notice;

1. A local reserve force organization card;

1. Application of Acts and subordinate statutes to investigation reports (arbitr and telephone communications);

1. Article 15 of the Act on the Establishment of Local Reserve Forces and Article 15 (11) of the Act on the Establishment of Local Reserve Forces for the Prevention of Criminal Facts, Article 15 (9) 1 of the Act on the Establishment of Local Reserve Forces, and Selection of Imprisonment with labor for each crime;

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 Criminal Act, the suspension of execution;

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