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(영문) 수원지방법원 안양지원 2015.09.10 2015고단60
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[2015 Highest 60] The defendant is a member of the homeland reserve forces, and the defendant did not participate in the above training even after receiving a notice of a call-up for training in the name of the third unit commander of the Army 2506 military unit, which caused the second supplementary training conducted at the training site for the Chang Park-gu Reserve Forces on November 3, 2014 from the defendant's house located in Ansan-si B around October 16, 2014.

[20] The Defendant was a member of the homeland reserve forces, and the Defendant did not attend the said training without justifiable grounds despite receiving a notice of a call-up of training in the name of the third unit commander of the 2506 military unit from November 10, 2014 to December 2, 2014, to participate in the second supplementary training conducted by the head of the Chang-si Reserve Forces training site in Ansan-si, Ansan-si to the extent that he/she was a member of the homeland reserve forces, around October 27, 2014.

[2015 Highest 807] The defendant was a member of the homeland reserve forces, and the defendant did not participate in the above training without justifiable grounds even though he received a notice of a call for training in the name of the third commander of the Army No. 2506, to participate in the second supplementary training conducted at the training site for the 30th anniversary of March 15, 2015 at the defendant's house located in Ansan-si B in Ansan-si, Ansan-si around the 30th of the same month.

Summary of Evidence

[2015 Highest 60]

1. Defendant's legal statement;

1. A written accusation;

1. C A written statement of delivery of call notice;

1. Receipt of the notice of call-up and the list of the organized homeland reserve forces (2015 Highest 120);

1. Defendant's legal statement;

1. A written accusation;

1. C A written statement of delivery of a written notice of call;

1. Certificates of criminal facts and summary of criminal facts prepared as D;

1. Receipt of the notice of call-up, and the organized homeland reserve forces' organization card (2015Sang807);

1. Defendant's legal statement;

1. A written accusation;

1. C A written statement of delivery of call notice;

1. Receipt notice of call-up, summary of criminal facts, and application of the statutes on the organized homeland reserve forces;

1. Article 15(9)1 and Article 6 of the former Establishment of homeland Reserve Forces Act (Amended by Act No. 12791, Oct. 15, 2014) regarding the relevant statutory provisions and the choice of punishment for criminal facts.

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