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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal records] On August 11, 2017, the Defendant was sentenced to a judgment of five months of imprisonment, two years of suspended execution, and 40 hours of community service as a result of a crime of violation of the Act on the Establishment of Local Reserve Forces at the Suwon Friwon. The above judgment became final and conclusive on August 19, 2017.
The facts charged are as follows: “The Defendant was sentenced to five months in prison on April 5, 2017 for the violation of the Act on the Establishment of Local Reserve Forces in the Seongbuk-nam Support for Suwon-nam Branch, and the said judgment became final and conclusive on the 13th of the same month; however, on May 24, 2017, the Defendant applied for recovery of the right to appeal against the said judgment to the same court on June 20, 2017, and is still pending in the appellate trial.
“The above appellate judgment was previously rendered prior to the pronouncement of this judgment, which became final and conclusive.”
[Criminal facts] The Defendant is a member of the local reserve forces belonging to the subordinate party to the subordinate party.
1. From March 30, 2016 to April 21, 2016, the Defendant directly received a notice of call for the reserve forces training to participate in the second supplementary training conducted for two days at the training site of the 3879 unit YY that was conducted at the training site of the reserve forces in the 3879 unit, which was located in the defendant's house located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, and the same month from April 2016 to April 21, 2016, but did not participate in the said training without justifiable grounds.
2. On March 30, 2016, the Defendant directly received a notice of convening a reserve force training to participate in a secondary supplementary training conducted for eight hours at the training site of the reserve forces on April 29, 2016 from the Defendant’s house located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu on April 30, 2016, but did not participate in the said training without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of crimes committed by persons prescribed in each accusation book and each local reserve force Act;
1. Records of the judgment: Investigation report (Attachment, etc. of the same type of crime records), investigation report (verification of a request for recovery of suspect's right to appeal), application of Acts and subordinate statutes of substantial facts to this court;
1. Relevant Article of the Act on the Establishment of Local Reserve Forces and the Act on the Selection of Punishment Reserve Forces (amended by Act No. 14184, May 29, 2016) regarding criminal facts.