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(영문) 대구지방법원 포항지원 2016.04.06 2015고정555
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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 belonging to two units of command.

On September 18, 2015, the Defendant applied for a nationwide unit and participated in the secondary supplementary training conducted on October 3, 2015, which was conducted on the first unit of Dong-won in Gyeonggi-do Government-si, but was unable to participate in the training without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Notification of a crime in violation of the Act on the Establishment of Local Reserve Forces and a written confirmation of a crime (the defendant, who applied for national unit training through the Internet, failed to participate in the training without being aware that it is the secondary supplementary training because it is not stated in the electronic output output output output that was printed after applying for secondary training;

However, at the time of applying for national unit training, the Defendant had already been unable to participate in the first supplementary training even after receiving the notice of convening the first supplementary training, and applied for national unit training only within one week, so the Defendant recognized that the date of training designated later at the time of the above application is the date of the second supplementary training.

Since the defendant's above assertion is not accepted, the application of the law is not accepted.

1. Article 15 of the Act on the Establishment of Local Reserve Forces and Articles 15 (9) 1 and 6 (1) of the Act on the Establishment of Local Reserve Forces that choose a punishment for an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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