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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50.
Reasons
Punishment of the crime
The defendant is the member of the homeland reserve forces belonging to the two mobilization designated party to the two mobilization party.
1. On February 10, 2012, the Defendant was issued a notice of convening a call for education and training in the name of the first unit commander of the Army, which caused carried-over training conducted at the head of the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho District Reserve Forces on March 2, 2012 at the Defendant’s house located in the Seocho-gu Seoul Metropolitan Government B A 411, and the Defendant did not undergo the above training without justifiable grounds.
2. On February 10, 2012, the Defendant received a notice of convening a call-up for education and training in the name of the 1st unit commander of the Army, which was conducted in the Seocho-nam Seocho Reserve Forces Training Site (in the head of the indoor bridge) on February 29, 2012 at the Defendant’s residence, and received the said training without justifiable grounds.
3. On February 10, 2012, the Defendant received a notice of convening a call-up for education and training in the name of the 1st unit commander of the Army, which was conducted in the Seocho-gu Reserve Forces Training Site (in the head of the indoor bridge) on February 28, 2012 in the Defendant’s residence on February 10, 2012, and received the said training without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the suspect against the defendant;
1. Notification of offenses against the Establishment of Homeland Reserve Forces;
1. A certificate of delivery of each muster notice and a receipt of each notice;
1. Application of the Acts and subordinate statutes on the organized homeland reserve forces;
1. Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act for criminal facts.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act
1. The defendant's refusal of training according to his religious conscience as a woman's believers witness asserts that his refusal of training constitutes justifiable grounds under Article 15 (9) 1 of the Establishment of Homeland Reserve Forces Act.