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(영문) 인천지방법원 2018.01.29 2016고정3546
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On November 24, 2014, the Defendant violated the Act on the Establishment of Local Reserve Forces by November 24, 201, and the Defendant did not participate in the exercise without justifiable grounds even after being given a muster notice to participate in the exercise on November 24, 2014 at the residence of the Defendant of 2nd floor B building B in Nam-gu Incheon Metropolitan City around November 5, 2014 (the second supplement) at the residential area of the Defendant of 1st floor of building B in Nam-gu, Incheon.

2. On October 6, 2015, the Defendant violated the Act on the Establishment of Local Reserve Forces by a person who was in violation of the Act on the Establishment of Local Reserve Forces was unable to deliver a muster notice by having the competent authority cancel the resident registration on October 6, 2015 because he/she failed to report his/her residence to a non-permanent place on September 1, 2015, and to move his/her residence to a second floor of building B in Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. A protocol concerning the examination of suspect of the police against the accused (a record of evidence No. 1, No. 141, No. 3);

1. Application of statutes governing a written accusation, resident registration card, organization card of the reserve forces, and receipt of a notice of call for training;

1. Article 15(9)1 and Article 6(1) of the Act on the Establishment of Local Reserve Forces and the former Establishment of Local Reserve Forces (amended by Act No. 14184, May 29, 2016; hereinafter the same shall apply) on criminal facts; Articles 15(2) and 6(2) of the former Act on the Establishment of Local Reserve Forces; Articles 15(2) and 6-2 of the former Act on the Establishment of Local Reserve Forces; and each choice of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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