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(영문) 수원지방법원 성남지원 2014.04.24 2014고단118
향토예비군설치법위반
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On November 5, 2013, the Defendant received a notice of a call-up for training in the name of the third unit commander of the 3879 unit commander of the Army, which caused the Defendant’s house located in Sungnam-gu B lending 402, from the Defendant’s office around November 18, 2013, to undergo a supplementary training (second and sixth hours) conducted at the training site for the Sungnam-dong Reserve Forces located in 95, Manam-gu, Sungnam-si, Chungcheongnam-gu, Manam-si, Manam-si, and did not undergo the said training without good cause.

2. From November 5, 2013 to November 22, 2013, the Defendant received a notice of call-up in the name of the third unit commander of the 3879 military unit of the Army, which caused the dynamic pedagogy training (the second supplementary training, 16 hours) conducted at the Sungnam Reserve Forces training site as stated in the preceding paragraph from November 21, 2013 to November 22, 2013, and did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes to each notice receipt and certificate for delivery;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, the selection of fines, and punishment against the crime;

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

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

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