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(영문) 광주지방법원 2019.08.29 2019고단2450
예비군법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

[2019 Highest 2450] The defendant is a member of the reserve forces belonging to the Geum-ho Two Winter Units.

around 16:20 on April 10, 2019, the Defendant was unable to undergo the above training without justifiable grounds despite having received a notice of call-up for training in the name of 5 units in the Army 6753 unit at the office of the Geum-gu Reserve Forces in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, and “the 18th anniversary of the 18th anniversary of the receipt of the notice of call-up in the name of 5 units in the name of 6753 unit (the 2019 group 2548).” The Defendant is a member of the 2nd unit in Geum-gu (the 2019 group 2548). On June 3, 2019, the Defendant did not receive the notice of call-up in the name of 653 unit at the cafeteria operated by the mother of the Defendant in Gwangju-gu, Seo-gu (the 2nd unit).”

Summary of Evidence

[2019 Highest 2450]

1. Defendant's legal statement;

1. Written accusation, notification of crimes violating the Reserve Forces Act, and written confirmation of crimes;

1. Receipt of the muster notice;

1. Organization card for the reserve forces (2019 order 2548);

1. Defendant's legal statement;

1. Accusation of a violation of the Reserve Forces Act, a list of violations of the Reserve Forces Act, notification of a violation of the Reserve Forces Act, and a written confirmation of criminal facts;

1. Receipt of the muster notice and a written confirmation of the sender of the muster notice;

1. Application of Acts and subordinate statutes on organization cards for reserve forces;

1. Article 15 (9) 1 and Article 6 (1) of the Reserve Forces Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, even before committing the instant crime, failed to undergo training without justifiable grounds even before receiving a notice of convening a reserve force training, has a record of punishment for a fine not exceeding three times, taking into account unfavorable circumstances.

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