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(영문) 창원지방법원 밀양지원 2017.02.15 2016고단534
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a member of the local reserve forces belonging to the Geongdong Unit at the time of smuggling.

"2016 Highest 534"

1. On July 11, 2016, the Defendant, on June 28, 2016, was unable to participate in the training without justifiable grounds despite the mother’s delivery of a notice of convening a training for the second supplementary training hours during the year 2015, carried forward by the military unit No. 5870 of the Army on July 11, 2016, which was carried forward by the Defendant’s residence.

2. On July 18, 2016, the Defendant, on July 4, 2016, was unable to participate in the training without justifiable grounds despite the mother’s notice of training for the second supplementary training 30 hours during the 14th anniversary of the delivery of the notice of training for the 30 hours carried forward by the 5870 unit of the Army from July 18, 2016, and from July 21, 2016 to July 21, 2016, the Defendant was unable to participate in the training without justifiable grounds.

3. On July 22, 2016, the Defendant, on July 12, 2016, was unable to participate in the training without justifiable grounds despite the delivery by C of a notice of convening a training for the carryover training 14 year conducted by the Army units No. 5870 units on July 22, 2016.

"2016 Highest 763"

4. Around October 27, 2016, the Defendant was unable to participate in the above training without justifiable grounds despite the mother’s delivery of a notice that contains the second supplementary training course for the late half of 2016 conducted at the training site for the smuggling Reserve Forces on November 11, 2016, which was conducted by the Defendant’s residence, around October 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching receipt certificates);

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, Articles 15 and 6 of the Act on the Establishment of Local Reserve Forces, and Selection of Imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act for the observation of protection;

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