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(영문) 인천지방법원 2015.07.17 2015고단2936
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 11, 2014, the Defendant received a carried-over training (the second supplement) conducted at the main reserve forces training site located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon on November 11, 2014 from the Defendant’s house located in the Nam-gu, Incheon on November 16, 2014, at around 16:05, and around November 26, 2014, the Defendant did not undergo the said training without justifiable grounds even after receiving a notice of a call for training in the name of the 2nd commander of the military unit No. 7873 unit No. 7873 unit No. 2 of the Army, which was sent through D.

2. On March 25, 2015, the Defendant received a notice of convening a training call in the name of the second unit commander of the Army 7873 military unit from the above Defendant’s house to the date from March 25, 2015 to March 26, 2015, which caused the carried-over training conducted at the above Jeju Reserve Forces training site, and did not undergo the said training without justifiable grounds.

3. On March 30, 2015, the Defendant received a notice of convening a training call in the name of the second unit commander of the Army 7873 military unit, which caused the second unit training conducted at the above Defendant’s house on February 23, 2015, on March 30, 2015, from the above Defendant’s house, to undergo the second unit training conducted at the training site of the said Jeju Reserve Forces. However, the Defendant did not undergo the said training without justifiable grounds.

4. On March 25, 2015, the Defendant did not undergo the said training without justifiable grounds even when he/she received a notice of convening a training call in the name of the second commander of the military unit No. 7873 unit No. 7873 from the above Defendant’s house to attend the second supplementary training conducted at the training site of the Republic of Korea Reserve Forces on April 2, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The filing of an accusation, the receipt of the notice of each training call, and the application of Acts and subordinate statutes to notification of offenses violating the Establishment of Homeland

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. The crime of paragraph (1) of this Article: Articles 15(9)1 and 6(1) of the former Establishment of homeland reserve forces Act (Amended by Act No. 12791, Oct. 15, 2014); the choice of imprisonment

B. Criminal facts of paragraphs 2 through 4 of the holding: Articles 15(9)1 and 6 of the Establishment of homeland reserve forces Act.

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