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(영문) 대전지방법원 2016.09.01 2016고정342
병역법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No defendant A who violates the Military Service Act shall, upon receipt of a notice of a call for military force mobilization training from a person under obligation to serve in the military, refuse to enlist in the military at the designated date

Nevertheless, on April 12, 2013, the Defendant did not enter the military force mobilization training on the designated date without justifiable grounds, even after receiving the notice of a call for military force mobilization training in the name of the 32 group commander of the 505 group group 505 group 505 group military force mobilization training conducted from May 21, 2013 to May 23, 2013 from the defendant's house of Daejeon Dong-gu B and C 402 to the defendant's house of Daejeon-dong 402.

2. Defendant A is the member of the homeland reserve forces belonging to the Daejeon Dong-dong District Armed Forces.

On October 16, 2013, the Defendant received a notice of a call-up for training in the name of the 1970 unit commander of the Army, which caused the second supplementary training (6 hours) conducted at the training site of the reserve forces located in the Shin-dong, Shin-dong, Shin-si on November 14, 2013 from the Defendant’s house stated in paragraph (1), but was unable to participate in the training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Relevant Article 90 (1) of the Military Service Act concerning facts constituting an offense, and Article 90 (1) of the Act on the Establishment of homeland Reserve Forces, Articles 15 (9) 1 and 6 (1) of the Establishment of homeland Reserve Forces Act, and the selection of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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