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(영문) 광주지방법원 2014.10.01 2014고단2239
향토예비군설치법위반
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of homeland reserve forces.

1. On November 8, 2013, the Defendant received a notice of convening the education and training of the reserve forces in the name of the first unit commander of the 6753 unit in the Army, which caused a flag basic training conducted at the comprehensive training site of the 1st unit of the 1st unit of the Army, No. 6753 unit of the Army on November 18, 2013 at the C office located in Gwangju North-gu, Gwangju, and did not undergo the said training without justifiable grounds.

2. On November 19, 2013, the Defendant was sent a notice of convening the homeland reserve forces training in the name of the same commander who would undergo the post-satisfy training conducted at the training site for the same reserve forces on the date, time, place, and November 19, 2013, but did not undergo the said training without justifiable grounds.

3. On November 20, 2013, the Defendant was sent a notice of convening the homeland reserve forces training in the name of the same commander who would undergo the post-satisfy training conducted at the training site for the same reserve forces on the date, time, place, and November 20, 2013, but did not undergo the said training without justifiable grounds.

4. On November 21, 2013, the Defendant was sent a notice of call-up to the homeland reserve forces training in the name of the same commander who would undergo overall the homeland reserve forces training conducted at the same training place on the date, time, place, and November 21, 2013, but did not undergo the above training without justifiable grounds.

5. On November 22, 2013, the Defendant was sent a notice of convening the homeland reserve forces training in the name of the same commander who would undergo the post-satisfy training conducted at the training site for the same reserve forces on the date, time, place, and November 22, 2013, but did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in written notice of a crime in violation of the law of native forces;

1. Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland Reserve Forces Act (Selection of each imprisonment with prison labor in consideration of the past records, etc. punished as a crime of the same kind);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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