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(영문) 광주지방법원 2015.04.23 2015고단119
향토예비군설치법위반
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

around November 10, 2014, the Defendant, as a member of the homeland reserve forces, received the second supplementary education and training (24 hours) at the training site for the army units located in Gwangju Mine-gu from November 24, 2014 to November 26, 2014; the call notice stating that “The Defendant would receive the second supplementary education and training (6 hours) for the first half supplementary education and training (6 hours) at the training site for the same reserve forces on November 27, 2014; and the call notice stating that “the second supplementary education and training (6 hours) is conducted at the training site for the same reserve forces on November 28, 2014; and that “the second half parallel education and training (6 hours) for the second half half of the half half half-way small training course conducted at the training site for the same reserve forces on November 28, 2014” did not participate in each of the above training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing a notification of violation of the Establishment of homeland reserve forces, a written confirmation of a person delivering a muster notice, and a receipt notice;

1. Articles 15 (9) 1 and 6 (1) of the former Establishment of homeland reserve forces Act (Amended by Act No. 12791, Oct. 15, 2014);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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