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(영문) 춘천지방법원 강릉지원 2016.02.19 2015고정324
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

The defendant is a member of the local reserve forces organized in the 7 sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

1. On June 18, 2014, the Defendant was unable to undergo the first supplementary training for the year 14, which is conducted at the home of the Defendant located in Gangseo-si, D, 102 Dong 707 on May 23, 2014, at the home of the Defendant’s office located in Gangseo-si, 102 Dong 707, and conducted on June 18, 2014 (6 hours) the Gu administration of Gangseo-si, which is conducted at the comprehensive training site for the reserve forces, the Defendant did not undergo the first supplementary training without justifiable grounds.

2. On July 8, 2014, the Defendant was unable to undergo training on or around June 27, 2014, which was conducted at the above Defendant’s residence on July 8, 2014 at the training place for the second supplementary training for the first 14 year, which was conducted at the training place for the short-term reserve forces located in the Gu of Gangseo-si in the Gu of Gangseo-si (6 hours). However, the Defendant did not undergo training without justifiable grounds despite receipt of the notice of convening the training place for the local reserve forces.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Requesting a person who violates the Act on the Establishment of Local Reserve Forces, notifying a crime in violation of the Act on the Establishment of Local Reserve Forces, criminal records by a commander of a reserve force, receipt of muster notice, and application of statutes governing the

1. Article 15(9)1 and Article 6(1)1 of the Act on the Establishment of Local Reserve Forces and the Establishment of Local Reserve Forces (Amended by Act No. 12791, Oct. 15, 2014); the selection of fines for criminal facts;

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. The defendant's assertion as to Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is changed to the purport that the defendant was sentenced to a fine due to a violation of the Act on the Establishment of Local Reserve Forces, and thus, constitutes acquittal.

According to the evidence duly adopted and examined by this Court, the judgment becomes final and conclusive on October 31, 2013 and on November 5, 2013, for the criminal facts that the defendant was not present in the self-training reserve.

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