예비군법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On November 7, 2017, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Military Service Act at the Jeonju District Court on August 13, 2018, KRW 700,000 as a fine for a violation of the Reserve Forces Act; on December 4, 2018, in the same court on March 5, 2019, KRW 1,000,000 as a fine for a violation of the Reserve Forces Act; on the same day, in the same court on the same day, as a violation of the Reserve Forces Act; KRW 1,50,000 as a fine for a violation of the Reserve Forces Act; and on July 23, 2019, the same court issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Reserve Forces Act.
【Criminal Facts】
The defendant is a reserve force belonging to the Songjin-gu Seoul Special Metropolitan City Songcheon-gu.
On April 30, 2019, the Defendant was unable to participate in the above training without justifiable grounds, even though he received a notice of convening a call-up for the second supplementary training to be conducted at the training site of the former Si reserve forces from May 13, 2019 to May 16, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes requesting an accusation by a violator of the Reserve Forces Act;
1. Articles 15 (9) 1 and 6 (1) of the Act on the Punishment of Criminal Crimes and the Selection of Imprisonment with prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the fact that the defendant had been punished several times as a violation of the Reserve Forces Act, has committed this case.
However, considering the fact that there is no record of punishment exceeding a fine, and the defendant's age, character and conduct, environment, motive and background of the crime of this case, means and methods of the crime of this case, and the circumstances after the crime, the same punishment as the order shall be determined.