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(영문) 대전지방법원 2016.06.30 2016고정359
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 12, 2015, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law at the Gwangju District Court on August 12, 2015, and the said judgment became final and conclusive on November 20, 2015.

The defendant is a member of the local reserve forces belonging to the Daejeon Metropolitan Government, Daejeon Metropolitan City, the two members of the reserve forces belonging to the Daejeon Metropolitan City.

On August 26, 2014, the Defendant did not undergo the above training without justifiable grounds even though he received and delivered a call notice for the reserve force training in the name of the fourth unit commander of the 1970 unit of the Army, which was conducted on September 3, 2014 at the training site of the Daejeon-gu Daejeon District Reserve Forces on September 3, 2014 at the Defendant’s residence located in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon, without justifiable grounds, that he received the Defendant’s mother and received the call notice for the reserve forces training in the name of the fourth unit commander of the 1970 unit of the Army, which was conducted on September 3, 2014. From that time, the Defendant did not receive training without justifiable grounds even though he received the call notice for the reserve forces on eight occasions as stated in the

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of violations of the Act on the Establishment of Local Reserve Forces;

1. A written statement of each convocation notice;

1. Previous convictions: Application of Acts and subordinate statutes concerning the copy of the relevant judgment and the date of confirmation;

1. Article 15(9)1 of the relevant Act and Articles 6(1)1, and 6(1) of the former Act on the Establishment of Local Reserve Forces (Amended by Act No. 12791, Oct. 15, 2014; Act No. 1284, Nov. 20, 2014; Act No. 12844, Nov. 21, 2014; Act No. 12844, Nov. 24, 2014; Act No. 12844, Nov. 26, 2014; Act No. 12844, Nov. 27, 2014; Act No. 1285, Nov. 28, 2014; Act No. 12844, Nov. 25, 2014; Act No. 1285, Oct. 16, 2015>

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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