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(영문) 광주지방법원 2017.11.17 2016고단3377
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Establishment of Local Reserve Forces in the Gwangju District Court, for six months, and the judgment became final and conclusive on the 15th of the same month.

1. On May 3, 2016, the Defendant, at around 15:00, as a member of the local reserve forces, was unable to undergo the said training without justifiable grounds even though he/she received a notice of convening a training under the name of the commander of the 6753 father of the Army, which would cause the training of the reserve forces conducted at the training site of the reserve forces located in Gwangju Northern-gu, Gwangju, at around 15:0 on May 3, 2016.

2. On June 2, 2016, the Defendant, as a member of the local reserve forces, did not undergo training without justifiable grounds even though he/she was issued a local reserve force call notice under the name of father General No. 1989 of the Army that caused a fundamental training (second supplement) conducted at the training site of the said Defendant’s residence on June 2, 2016, as a member of the local reserve forces.

Summary of Evidence

[Judgment No. 1]

1. Statement of the police suspect interrogation protocol (Evidence No. 36810 of the punishment of 2016) against the accused;

1. Statement prepared by C;

1. Each description of a written accusation or a copy of a receipt of call-up notice (the fact of judgment No. 1);

1. Entry of a statement of the police suspect interrogation protocol (Evidence No. 5536 of the punishment of 2016) against the defendant;

1. Statement prepared by C;

1. Copy of receipt of a muster notice, each statement of call-up, and each statement of the organized card for local reserve forces;

1. Application of the statutes written in reply to inquiries, such as criminal history;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces and the Selection of Punishment for the Crime (amended by Act No. 14184, May 29, 2016 and enforced on November 30, 201) of the Act on the Establishment of Reserve Forces, Articles 15 (9) 1 and 6 (1) of the same Act, and the Selection of Imprisonment, respectively;

1. It is so decided as per Disposition on the grounds of the former part of Article 37, Article 38(1)2 and Article 50 or more of the Criminal Act for the aggravation of concurrent crimes;

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