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(영문) 의정부지방법원 2013.04.11 2013고단261
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a member of the homeland reserve forces belonging to the Namyang-si.

1. The Defendant, at around 14:00 on October 12, 2012, received the notice of call for the training of homeland reserve forces in the name of the 2nd unit commander of the Army 3879 unit 3879 unit in the Army, and did not receive the said training without justifiable grounds, at the Defendant’s house located in Seoyang-si, Namyang-si, C and C, 105 on October 13, 2012, “The supplementary training was conducted at the south-si reserve forces training site on November 21, 2012” and “the supplementary training was conducted on November 21, 2012” from the Defendant’s house located in the Namyang-si and C, 105, the Defendant did not directly receive the notice of call for the training of homeland reserve forces under the name of the 3879 unit commander without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Chief of each accusation (the second commander of the Army, the Army, the 3879 unit of the Army, and the military unit of the Army);

1. Receipt of each notice of convening education and training;

1. Application of Acts and subordinate statutes of each written statement of call-up notice (D. D. S.C.);

1. Relevant Article and Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act (the occupation of failing to participate in training for each reserve force and the choice of each imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do111, Jan. 1, 2012>

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