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(영문) 수원지방법원 안산지원 2014.02.14 2013고단3170
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for not less than three 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

The Defendant, as a member of the homeland reserve forces belonging to the National Reserve Forces B Reserve Forces in Ansan-si, Ansan-si, was a new witness to the Defendant.

1. On October 28, 2013, the Defendant received directly a notice of convening a call for education and training of the reserve forces in the name of the headquarters of the B reserve forces located in Ansan-si C, Ansan-si, and the second half of the B reserve forces training conducted on November 19, 2013 at the training site of the Ansan-si Reserve Forces on November 19, 2013, the Defendant did not undergo the said training without justifiable grounds.

2. On October 28, 2013, the Defendant received directly a notice of convening a call for education and training of the reserve forces in the name of the fourth unit commander of the Army No. 2506, which was conducted at the headquarters of the foregoing B reserve forces and the first half of the second unit training conducted at the head of the Ansan Reserve Forces training site on November 21, 2013, but did not undergo the said training without justifiable grounds.

3. On November 5, 2013, the Defendant received a notice of convening a call for the education and training of the reserve forces in the name of the fourth unit commander of the Army No. 2506, which was conducted at the headquarters of the foregoing lending Winter Reserve Forces, and from November 26, 2013 to November 28, 2013, from November 26, 2013, the Defendant did not undergo the said training without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each notice of call-up, each receipt of each notice of call-up, and Acts and subordinate statutes governing the formation of homeland reserve forces;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces to choose a punishment on the crime, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The assertion;

A. The Defendant, as a female and a witness, refused the training of the reserve forces according to that religious conscience, which is guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights incorporated as part of domestic law.

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