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(영문) 서울중앙지방법원 2018.12.21 2018고단1419
예비군법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 3, 2017, the Defendant, as a member of the local reserve forces, received a notice of convening a local reserve force in the name of unit No. 1905 unit No. 1 unit No. 1905 unit No. 1 unit No. 1 unit No. 1 unit No. 1 unit No. 1905 unit No. 1 unit No. 1 unit No. 1 unit No. 1 unit No. 1905 unit No. 1 unit No. 1 unit No. 1 unit No. 1 unit No. 1, 2017, from around

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

2. On November 3, 2017, the Defendant, as a member of the local reserve forces, received a muster notice for the call-up of the local reserve forces in the name of the unit 1 unit commander of the 1905 unit in the army, which would result in the local reserve forces training (six hours for the second half of a half year) at the training site of the local reserve forces located in the upper north west-si, Yangsan-si on the 17th day of the same month at the Defendant’s workplace located in Jongno-gu Seoul Metropolitan Government around November 18:20.

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

Summary of Evidence

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

1. Application of Acts and subordinate statutes to identify persons accused of a violation of the Act of the reserve forces, such as a statement on criminal facts, a delivery of a letter of confirmation, a receipt of muster notice, and a

1. Article 15 (9) 1 and Article 6 (1) of the Act, the selection of punishment for an offense, and Articles 15 (9) 1 and 6 (1) of the Act, and the selection of imprisonment for a prison 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. The sentencing of Article 62(1) of the Criminal Act is based on the following circumstances: (a) the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution; (b) the defendant has been punished by the suspension of indictment for the same crime; and (c) the defendant has been punished by a fine twice, etc.

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