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.

Punishment of the crime

1. On October 6, 2009, the Defendant was unable to participate in the above training without justifiable grounds even after the Defendant’s wife received and delivered a notice of a call-up for education and training in the name of the third unit commander of the 8375 unit in the Army, which caused the second supplementary training to be conducted at the training site in the Nowon-si Reserve Forces located in the Republic of Korea from October 19, 2009 to October 22, 2009.

2. On October 21, 2009, the Defendant was unable to participate in the above training without justifiable grounds even when he received and delivered a notice of convening an education and training meeting in the name of the Defendant’s wife on the third unit register of 8375 military units in the Army to participate in the second supplementary training conducted at the training site of the Dol-dong Reserve Forces in the Dol-si, Nowon-si on November 2, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of each accusation book, criminal records, homeland reserve forces formation cards, commander's confirmation certificate, and receipt-related Acts and subordinate statutes;

1. Articles 15 (8) and 6 (1) of the Establishment of Homeland Reserve Forces Act concerning criminal facts;

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;