Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a member of the Samsung First Class.

1. Around 06:50 on May 21, 2019, the Defendant received a notice of call-up for a reserve force in the name of the second unit commander of the 2089 unit unit of the 2089 unit in the Seocho-gu Seoul Metropolitan Government, and around June 17, 2019, at the training site of the Gangnam-gu, Gangnam-gu, Seocho-gu, Seoul, for a small training (full-time training).

2. On June 18, 2019, the Defendant received a notice of call-up for the reserve forces training in the name of the second unit commander of the Army 2089 unit 2089, which caused small training (second class training) at the same time and place as in the preceding paragraph and the same training place as in the preceding paragraph.

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Notification of crimes, statement of criminal facts, and notice of call for training in violation of the Act of each reserve force, and receipt thereof;

1. Application of Acts and subordinate statutes on organization cards for reserve forces;

1. Article relevant to the facts constituting an offense, Articles 15 (9) 1 and 6 (1) of the Reserve Forces Act, the selection of fines for the crimes, 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. The defendant and his defense counsel held the issue of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, and the defendant asserted that there are justifiable grounds for not undergoing training, since they were not attending the training of the reserve forces of this case by letter.

If a person who has received a muster notice for a reserve force or a muster notice for a reserve force is unable to participate in the reserve force training due to a disease, mental or physical disability, detention, coming-of-age, marriage, funeral and marriage, disaster or other unavoidable circumstances, the training of the reserve force may be postponed (Articles 6 (4) and 5 (2) of the Reserve Forces Act), and any person who intends to postpone the training of the reserve force shall belong to an application for postponement