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(영문) 인천지방법원 2016.12.16 2016고정2696
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant of "2016 High Court 2696" is a member of the homeland reserve forces.

피고인은 2015. 9. 16. 12:14경 인천 남동구 B 내 피고인이 근무하는 샷시공장에서 '2015. 10. 8. 서구ㆍ동구 예비군훈련장에서 실시하는 향방기본훈련 2차보충 8시간을 받으라'는 육군 제7873부대 1대대장 명의의 향토예비군훈련 소집통지서를 팩스로 전달받았다.

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

The defendant of "2016 Highly 2842" is a member of the homeland reserve forces belonging to the 3, 4, and 5 Winters.

1. Around August 21, 2014, the Defendant was absent from training on September 4, 2014, through his/her mother, in the residence of the Defendant C in Incheon Dong-gu, Incheon and through his/her mother.

9.4.Around the 828 Seo-gu, Incheon, the notice of a call-up for training in the name of the 1st unit commander of the 7873 Army called up for 8th supplementary 8 hours, which was conducted at the training site for the 828th unit in the New Airport, Seo-gu, Incheon, without good cause.

2. Around August 21, 2014, the Defendant was absent from training on September 12, 2014, through his mother, in the residence of the Defendant C in Incheon Dong-gu, Incheon, and around August 21, 2014.

9. On December 12, 199, according to the name of Seo-gu, Incheon, Seo-gu, Incheon, the notice of a call-up for training in the name of the first unit commander of the 7873 Army called up at the second unit training site for 828 hours.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each accusation;

1. A written statement of the notice of call for training;

1. Application of statutes on notice of education, training and possession of reserve forces;

1. Article 15(9)1 and Article 6(1) of the former Establishment of the Reserve Forces Act (amended by Act No. 14184, May 29, 2016; hereinafter “Reserve Forces Act”) on criminal facts and the selection of fines, respectively.

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

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

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