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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.
Reasons
Punishment of the crime
On October 13, 2015, the Defendant was organized as a member of the local reserve forces in the YAD on the YAD on October 13, 2015, and received a notice of convening a second supplementary training on July 8, 2016, by facsimile around the company around June 22, 2016, the Defendant failed to undergo training without justifiable grounds, even though he/she received a notice of convening a second supplementary training to be conducted at the voice reserve forces training site located in the 35-12 Audio-Eup, Chungcheongnam-gun, Audio-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Accusation against violators of the Act on the Establishment of Local Reserve Forces;
1. Criminal fact certificate;
1. Certificate of receipt of the notification;
1. A local reserve force organization card;
1. Application of Acts and subordinate statutes confirming criminal facts;
1. Article 15(9)1 of the Act on the Establishment of Local Reserve Forces and Article 6(1)1 and Article 6(1) of the former Establishment of Local Reserve Forces Act (amended by Act No. 14184, May 29, 2016; hereinafter “Reserve Military Act”); the choice of imprisonment for a crime
1. On July 8, 2016, the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was sentenced to a fine of KRW 3 million for a violation of the Act on the Establishment of Local Reserve Forces in the Chungcheong District Court’s Assistance, etc. on July 8, 2016, and again committed the instant crime even though he had been punished five times due to a violation of the Act on the Establishment of Local Reserve Forces in the same kind, and thus, again committed the instant crime, he/she
However, a suspended sentence shall be imposed at once in consideration of the fact that the defendant has led to the confession of and reflect on the crime, and has not been punished more than a fine.
The punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the defendant's age, sex, environment, background, means and result of the crime, and circumstances after the crime.