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(영문) 대전지방법원 천안지원 2013.10.31 2013고정624
향토예비군설치법위반
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[2013 High Court Decision 624] The Defendant, as the homeland reserve forces belonging to the Sungcheon-si, Sungcheon-si, Seobuk-gu, Seocheon-gu, Seocheon-si, and 125 Dong 506, on February 12, 2013, received a notice of convening the homeland reserve forces training under the name of the first unit commander of the 3585 unit of the Army, which caused the training of the homeland reserve forces at the training site of the Seobuk-gu, Seocheon-gu, Seocheon-gu, Incheon.

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

[2013 High Court Decision 625] The Defendant is a member of the homeland reserve forces.

1. Around July 20, 2012, the Defendant received a notice of convening the homeland reserve forces training in the name of the first unit commander of the 3585 unit in the Army, which caused “the fourth carryover supplementary training for the year 4th anniversary of the 11st anniversary of the 11st century” conducted at the reserve forces training site located in the Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seocheon-gu, Incheon, and around July 31, 2012. Nevertheless, the Defendant failed to undergo the said training without justifiable grounds. On March 14, 2013, the Defendant received a notice of convening the homeland reserve forces training in the name of the 35th unit commander in the name of the 35th unit commander in the name of the Army training site in the name of the 35th unit in the name of the 11st unit in the 11st anniversary of the year 5th unit training conducted at the training site in the Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of each offense against the violation of the Establishment of Homeland Reserve Forces Act, and a statement on each offense;

1. Application of the Acts and subordinate statutes to each homeland reserve forces composition card and each notice of receipt of each call;

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

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts.

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