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(영문) 인천지방법원 2017.11.16 2017고단280
향토예비군설치법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces belonging to the training unit of Yeonsu-gu Incheon Metropolitan City.

On October 14, 2016, the Defendant: (a) around 09:31, at the residence of the Defendant in Yeonsu-gu Incheon Metropolitan City C and 301; (b) on November 7, 2016, on the second supplementary training conducted at the training site in Nam-gu, Nam-gu, and Jung-gu reserve forces located in Incheon, Nam-gu; (c) six hours on November 8, 2016; (d) six hours on November 8, 2016, the second supplementary training conducted at the training site in the above reserve forces; (e) six hours on November 9, 2016; (e) two second supplementary training (after half-year) during the second half-year training conducted at the training site in the above reserve forces; (e) the second second supplementary training (after half-year training); (e) the second second supplementary training during the training site in November 10, 2016, and (e) the second half-year notice of convening the training without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing receipt of each accusation book and each muster notice;

1. Article 15 (9) 1 and Article 6 (1) of the Act of each reserve force in the choice of applicable laws and punishment for facts constituting an offense;

1. Although the reasoning for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is contrary to the defendant, the defendant's crime is likely to be habitually committed by failing to take part in the supplementary training of this case, even though he/she had several criminal records of the same kind of fine, and the defendant escaped during the trial.

Therefore, since the defendant's prior action is judged to be of little significance from a special preventive point of view, the defendant is punished by imprisonment.

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