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(영문) 수원지방법원 여주지원 2016.10.14 2016고단31
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] The Defendant was punished by a fine of KRW 50,00,000 for a total of eight times from January 27, 2011 to February 20, 2014, as a crime of violation of the Establishment of Homeland Reserve Forces Act, in the branch court of Suwon District Court on April 30, 2015.

【Criminal Facts】

No homeland reserve forces member may receive any training determined by the Minister of National Defense without justifiable grounds.

Nevertheless, the Defendant, as a member of the homeland reserve forces belonging to the Army No. 3901 Unit B, was the Defendant, on July 4, 2015, who received the second supplementary training (6 hours) from the Myeon commander belonging to B on July 17, 2015 at the training site for the entire period in the Dacheon-si, Chungcheongnam-si, Dongcheon-si, Seocheon-si, the Defendant received the notice of a call-up for training in the name of the first unit commander of the 3901 unit of the Army, and did not receive training without justifiable grounds even though he received the notice of a call-up under the name of the 1 unit commander of the 3901 unit.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Receipt of a notice of convening education and training;

1. Application of the Acts and subordinate statutes on homeland reserve forces formation cards;

1. The punishment of short-term punishment shall be imposed in light of the circumstances unfavorable to the defendant, such as the relevant Article of the relevant Act on the crime, Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act, the defendant for the reason of sentencing choose to imprisonment has any record of punishment for the same crime several times, and the present whereabouts are unknown;

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