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(영문) 서울동부지방법원 2019.01.30 2018고정1162
예비군법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From March 5, 2018 to March 7, 2018, the Defendant, as a member of the reserve forces, received notification from his/her father who received on February 19, 2018 the notice of call for the training of the reserve forces under the name of 6019 commander of the Army that caused the second supplementary training for 17 years carried forward at the training site of the Gangseo-dong/Song-dong Reserve Forces in Seocho-gu Seoul Metropolitan Government from March 5, 2018 to March 7, 2018.

However, the defendant was unable to participate in the above training without justifiable grounds.

2. On March 8, 2018, the Defendant, as a member of the reserve forces, received a notification from his father who received February 19, 2018, instead of the Defendant, on March 8, 2018, of a call-up notice for the training of the reserve forces in the name of Ministry of Land, Infrastructure and Transport 6019 of the Army that would result in the second supplementary training for the whole 15 year of carrying forward at the training site of the Gangwon-dong/Songdong reserve forces located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul.

However, the defendant was unable to participate in the above training without justifiable grounds.

3. On March 9, 2018, the Defendant, as a member of the reserve forces, received a notice of a call-up of the reserve forces training in the name of the father who received on February 19, 2018, instead of the Defendant, on March 9, 2018, the notice of call-up of the reserve forces training in the name of the 6019 commander of the Army, which would result in the second supplementary training for the 12-415 East-dong/Songdong, Seocho-gu, Seoul Metropolitan Government.

However, the defendant was unable to participate in the above training without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 15 (9) 1 and Article 6 (1) of the Reserve Forces Act, the selection of applicable provisions concerning criminal facts and punishment, and the selection of fines;

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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