A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[2012 Highest 1038] On July 17, 2012, the Defendant received a notice of convening the training of homeland reserve forces for 32 hours from the "C", which is the workplace of the Defendant B of Guro-gu Seoul Metropolitan Government, and from July 31, 2012 to August 3, 2012, the Defendant received a notice of convening the training of homeland reserve forces for 32 hours by facsimile.

Nevertheless, the defendant did not receive training at the above time and place without justifiable grounds.

[2012 Highest 1566]

1. On October 30, 2012, the Defendant received a notice of a call-up for training in the name of the third unit commander of the 2506 unit of the Army, which was conducted at the training site for the second unit of the 3 unit commander of the 2506 unit of the Army, which was conducted on November 14, 2012 at the training site for the 5th unit of the 2506 unit of the 3 unit commander of the 2506 unit of the 2506 unit without justifiable grounds, and did not undergo training at the above time and place, by facsimile.

2. On October 30, 2012, the Defendant received by facsimile a notice of a call-up for training in the name of 30 hours for carried-over training conducted at the said place of work from November 20, 2012 to November 23, 2012, from the said place of work, the Defendant did not undergo training at the said date, time, and place without justifiable grounds.

Summary of Evidence

[2012 Highest 1038]

1. Police suspect interrogation protocol of the accused;

1. Notification of crimes violating the Establishment of Homeland Reserve Forces Act, and receipt certificates/ evidential documents of call-up;

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes, such as notification of crimes in violation, facsimile evidence, and receipt of a muster notice;

1. Relevant provisions of the Acts and the choice of punishment for the crimes, and Articles 15 (9) 1 and 6 (1) of the Establishment of Homeland Reserve Forces Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;