The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is the 3rd C Eastern War Reserve Forces of the 5171 Army in the 2014 Army.

From November 19, 2012 to November 21, 2017, the Defendant violated the Act on the Establishment of Local Reserve Forces by failing to comply with the first 22 hours during which he/she did not attend the said 22 hours until November 3, 2014.

2. According to Articles 13 and 14 of the Trial Procedure Act, in other words, when the judgment of the trial becomes final and conclusive, the pertinent documents and evidence shall be preserved in the competent police station. In the case of a defendant's request for formal trial, the chief of the police station shall send the case records and evidence to the competent local public prosecutor's office without delay and have the public prosecutor's office send them to the competent court.

In other words, according to Article 19 of the Criminal Procedure Act, unless there are special provisions in this Act in the final adjudication procedure, the provisions of the Criminal Procedure Act shall apply mutatis mutandis to the case that is not contrary to its nature in the final adjudication procedure. According to Article 254, Paragraph 1 of the Criminal Procedure Act, if a public prosecution is instituted, the indictment shall be submitted to the competent court. Thus, a written request for adjudication corresponding to the indictment shall be submitted to this court.

According to the records, only a copy of the request for a formal trial was submitted in this case where a formal trial is requested by the procedure of recovery of the right to request a formal trial, and the records and evidence also were submitted at all.

Therefore, the indictment procedure of this case is judged to be in violation of the indictment procedure under Articles 14, 19, and Article 254 (1) of the Criminal Procedure Act.

3. Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparag. 2 of the Criminal Procedure Act, since the procedure of prosecution of this case is invalid in violation of the provisions of law.