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(영문) 인천지방법원 2015.09.23 2015고단3718
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for six 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

Defendant as a homeland reserve force member;

1. On April 1, 2015, at around 14:00, the Defendant’s house located in Bupyeong-gu, Incheon, Bupyeong-gu B, 101 Dong 1305, sent the notice of convening the training of homeland reserve forces in the name of the third unit commander of the 7873 unit of the Army and the notice of convening the training of homeland reserve forces in the name of the third unit commander of the 7873 unit of the Army and the notice of convening the training of homeland reserve forces for up to 30 hours on April 27, 2015, to the effect that “the training of homeland reserve forces is caused” at the training site of the Gyeyang-gu, Incheon, Bupyeong-gu, 101 Dong 1305, the notice of convening the training of homeland reserve forces was received from the mother C who received the notice of convening the training of homeland reserve forces in the same name.

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

2. On April 15, 2015, around 14:10, the above Defendant’s house received the notice of call for the training of homeland reserve forces under the same name and the notice of call for the training of homeland reserve forces on May 4, 2015 to the effect that “a person may undergo the training of homeland reserve forces for 8 hours in the second supplementary training at the training place for homeland reserve forces on May 4, 2015” and the notice of call for the training of homeland reserve forces under the same name that “a person may undergo the training of homeland reserve forces for 6 hours in the second supplementary training of the homeland reserve forces on May 11, 2015” from the mother-friendly C who received the notice of call for the training of homeland reserve forces under the same name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on each accusation, a receipt of a notice of call for training, a written notice of call for training, and homeland reserve forces organized cards;

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, the selection of punishment for the crime, and the selection 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. Although the same record of sentencing under Article 62(1) of the Criminal Act has reached 7 times the period of probation, the criminal liability is not easy, but the defendant is against the crime of this case, and the future is faithful.

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