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(영문) 대구지방법원 김천지원 2013.04.26 2013고정215
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a member of homeland reserve forces.

1. On November 5, 2012, the Defendant received a notice of call-up for training of homeland reserve forces in the name of the commander of the 5837 father of the Army, who would result in the training of homeland reserve forces at the training site in the previous US and America, for eight hours of the supplementary training carried forward (the second unit of the 2nd unit on November 14, 2012) from the Defendant’s house located in the Gu and US-si B 109, 1702 (C building).

Nevertheless, the defendant did not undergo the above training without justifiable grounds.

2. On November 15, 2012, the Defendant received a notice of call-up for training of homeland reserve forces under the name of the 5837 commander of the Army, which caused the training of homeland reserve forces at the training site of the Gu-U.S. Si reserve forces, at the time and place described in the preceding paragraph (1).

Nevertheless, the defendant did not undergo the above training without justifiable grounds.

3. On November 16, 2012, the Defendant received a notice of call-up for training of homeland reserve forces under the name of the 5837 commander of the Army, which caused the training of homeland reserve forces at the training place in the Gu-U.S. Si reserve forces, at the time and place described in the preceding paragraph (1).

Nevertheless, the defendant did not undergo the above training without justifiable grounds.

4. On November 19, 2012, the Defendant received a notice of call-up for the training of homeland reserve forces in the name of the commander of the 5837 father of the Army, which caused the training of homeland reserve forces at the training site of the Gu-U.S. Reserve Forces, at the time and place set forth in the preceding paragraph.

Nevertheless, the defendant did not undergo the above training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of crimes violating the Establishment of Homeland Reserve Forces Act;

1. Application of Acts and subordinate statutes on receipt of notice;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines for the crimes, and the selection of penalties;

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

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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