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(영문) 서울북부지방법원 2014.04.10 2013고단1115
향토예비군설치법위반
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a member of the homeland reserve forces belonging to the new one unit as a member of a religious organization.

around 12:00 on February 8, 2013, the Defendant received the second supplementary training (16 hours) from March 4, 2013 to March 5, 2013, conducted by the head of Dongwon from March 4, 2013, the second supplementary training (8 hours) conducted by the head of Dongwon, the second supplementary training (6 hours) conducted by the head of Dongwon on March 6, 2013, the second supplementary training (6 hours) conducted on March 7, 2013, and the second supplementary training (6 hours) conducted on March 8, 2013, and the second supplementary training (6 hours) conducted on March 8, 2013 by the head of Dongwonwon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge, a written notice delivery certificate, each receipt, each mail delivery result, and a certificate of receipt of the reserve forces exercise notification;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines, and the selection of fines for criminal facts;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the belief of a religious organization, but the defendant fulfilled his duty of military service, has faithfully participated in the reserve forces training at the early stage, is refusing education and training based on the freedom of conscience, and related laws are currently unconstitutional and pending in the Constitutional Court.

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