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(영문) 서울동부지방법원 2015.09.18 2015고정1081
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant of "2015 High Court 1081" is a member of the homeland reserve forces.

On March 13, 2015, the Defendant received a notice of call-up for the training of homeland reserve forces in the name of the second unit commander of the 3298 military unit 3298 military unit, which was conducted at the training place of the Geumdong-gu Seoul, Seongdong-gu and 202 dong 806 from March 30, 2015 to April 2, 2015.

However, the defendant did not receive the above training without justifiable grounds.

The Defendant, on October 21, 2014, was the homeland reserve forces belonging to Seongdong-gu in Seoul, Seongdong-gu, Seoul, and around November 21, 2014, the Defendant, on November 14, 2014, the head of Seongdong-gu, Seongdong-gu, Seoul, Seongdong-gu, Seoul, 202 Dong 806, and the head of the Geumyang-gu, Hongyang-si, Hongyang-si, Hongyang-si, 156, received the second supplementary training conducted at the training place for the reserve forces located in 156, the Defendant did not undergo the said training without justifiable grounds, even though he directly received the notice for convening the training of the reserve forces in the name of the second unit

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes to report investigation results;

1. Relevant Articles 15(9)1, and 6(1)1, and Article 15(2)1, 1015, and 1082 of the Establishment of homeland Reserve Forces Act: Article 12791 of the former Act partially amended by the Establishment of homeland Reserve Forces Act (wholly amended by Act No. 12791, Oct. 15, 2014); Article 15(9)1 and Article 6(1) of the Addenda, which was enforced from October 15, 2014, the date of promulgation, to be from October 16, 2015, to be effective as of January 16, 2015, pursuant to Article 12791 of the Addenda;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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