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(영문) 서울서부지방법원 2013.08.28 2013고단1721
향토예비군설치법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for one year from the date when this judgment has become final;

Reasons

Punishment of the crime

Defendant is a homeland reserve force member.

◀2013고단1721

1. The defendant around February 14, 201, at the defendant's house located in Eunpyeong-gu Seoul Metropolitan Government B201, and the same year.

3.7.11

3. Even after receiving a notice of a call-up for a training in the name of the second unit commander of the 1531 Army that caused the carried-over training conducted at the training site of the Seodaemun-gu in Goyang-si by the end of November, the said training was not conducted without any justifiable reason.

2. The defendant around July 11, 201, at the office of the above defendant, and the same year.

7. On December 21, 201, the Defendants received a notice of a call-up for training in the name of the second commander of the Army No. 1531 attached to the Army, which would cause the second supplementary training to be conducted at the training site of Seodaemun-gu and the Eunpyeong Reserve Forces. However, the training was not conducted without good cause.

◀2013고단1725 피고인은 2012. 3. 12.부터 2012. 3. 15.까지 교현 예비군 훈련장에서 실시하는 향토예비군 동미참2차 보충훈련을 받으라는 육군 제1905부대 2대대장 명의의 훈련소집통지서를 전달받고도 정당한 사유 없이 위 훈련을 받지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement C and D;

1. Application of Acts and subordinate statutes to accusation, notification of crime, or receipt of notice;

1. Articles 15 (9) and 6 (1) of the Establishment of Homeland Reserve Forces Act for the crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the accused repents his mistake and is going to receive the training for the reserve forces in good faith);

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