[criminal history] On October 29, 2015, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Establishment of Local Reserve Forces in the Southern Branch of the Gwangju District Court, and the said judgment became final and conclusive on November 6, 2015.

[2] On November 7, 2015, the Defendant, as a member of the local reserve forces, was unable to participate in the above training without justifiable grounds despite receiving a notice of convening a drill under the name of unit 2 of unit 9538 and unit 1 of unit 9538, which was conducted at the training site for the Dondo reserve forces located in the unit of the Dondon-Don-gun, Namdon-gun, Namdo-gun, Nam-do, Seoul, as a member of the local reserve forces, from November 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Requesting a criminal charge against a person who violates the Act on the Establishment of Local Reserve Forces, 2015;

1. Criminal facts confirmation, receipt of muster notice, reserve forces organization card;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. The defendant has a record of having been punished several times for the same kind of crime, for the reason for the relevant Article of the Act on the Establishment of Local Reserve Forces and Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces for the Selection of Punishment, and for the sentencing of punishment for imprisonment.

In addition, while the defendant faithfully participates in training, it is highly likely that the defendant is subject to suspended sentence on October 29, 2015 for the same crime as of October 29, 2015, was under suspended sentence, and again committed the crime of this case even though he received a muster notice directly.

The sentence shall be imposed in consideration of the above circumstances.

Provided, That in determining the specific sentence, the sentence shall be determined like the order in consideration of the circumstances favorable to the defendant that the defendant reflects the fact that he/she has participated in the self-training on November 27, 2015 and has completed all the reserve forces training.