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(영문) 수원지방법원 성남지원 2016.07.14 2016고정550
향토예비군설치법위반
Text

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

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

Reasons

Punishment of the crime

Defendant is a reserve soldier in homeland;

1. On May 22, 2014, the Army commander notice of a call for training in the name of the third unit commander of the Army 3879, which received the second unit training conducted at the training site for the reserve forces located in the Yadong-dong, Seongbuk-gu, Sungnam-si, Sungnam-si on June 19, 2014, and did not participate in the said training without good cause, even though it received the notice of call for training in the name of the third unit commander of the Army, 3879;

2. On October 16, 2014, the Defendant received a notice of convening a training call in the name of the third commander in the name of the third commander of the Army 3879 that he/she would undergo the second supplementary training conducted at the training site of the reserve forces located in the YY-dong, Seongbuk-gu, Sungnam-si, Sungnam-si on October 28, 2014, but did not participate in the said training without justifiable grounds;

3. The indictment written from Sungnam-gu, Sungnam-si to November 9, 2014 is stated as “, October 28, 2014,” but it is a clerical error and thus corrected (see, e.g., record 2: 4 pages). The Army notice of convening a training call in the name of the commander of the 3879 unit in the name of the company, which would cause secondary supplementary training conducted at the training site in the reserve forces located in the area of the party branch in Sungnam-si, Sungnam-si, Sungnam-si, to November 19, 2014, is not present at the above training without justifiable grounds, even if it receives the second supplementary training.

4. On November 28, 2014, at the same time and place as “3” in the same paragraph, the Army received a notice of convening a training call in the name of the vice commander in the name of 3879, which caused the second supplementary training conducted at the training site in the field of the reserve forces located in Sung-nam-si, Chungcheongnam-si, Chungcheongnam-do for a period of eight hours, but did not participate in the said training without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation book, each notification of crime, each notification letter, each notification receipt and delivery certificate, each criminal facts record, and the abstract and certified copy of each resident registration;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces under the relevant Act on the Establishment of Local Reserve Forces concerning an offense;

1. Selection of an alternative fine of punishment (the same offense has been repeated, and even thereafter, the case shall be subject to reduction, taking into account the fact that the case became final and conclusive, approximately KRW 2465 (the amount of punishment five million) in this Court.

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