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(영문) 서울동부지방법원 2017.05.30 2017고정508
향토예비군설치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of the local reserve force.

On October 30, 2016, the Defendant, at the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City on November 30, 2016, did not receive all the above training without justifiable grounds, even though the Defendant directly received a notice of convening a local reserve force training, which included the purport that ① being conducted at the training site of the Geumcheon-gu reserve forces located in Nam-gu, Seoul Special Metropolitan City on November 28, 2016, the Defendant would cause second supplementary training for the next half of the next half of the second half of the second half of the second half of the second half of the second half of the second half of the training site, and ② was conducted at the training site of the said Gold-gu reserve forces on November 30, 201

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a crime in violation of the Act on the Establishment of Local Reserve Forces, statement on each crime, fact-finding certificate of each same ledger, and application of Acts and subordinate statutes governing each receipt;

1. Article 15(9)1 and Article 6(1)1 of the Act on the Establishment of Local Reserve Forces (amended by Act No. 14183, May 29, 2016; hereinafter “Reserve Military Act”) for criminal facts and for the choice of fines, respectively.

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

1. In light of the purport of the Act on the Establishment of Local Reserve Forces and the legislative purport of the Act on the Establishment of Local Reserve Forces, etc., the crime of this case is somewhat minor in light of the following: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse;

The punishment as ordered shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sexual conduct, and criminal history, including the point that it cannot be seen.

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