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Defendant shall be punished by a fine of KRW 2,000,000.
Where a defendant fails to pay a fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
[2013 High Court Decision 2015Da1800] The Defendant, on June 11, 2012, was delivered a notice of convening a military force mobilization training under the name of the director of the Incheon Gyeonggi-si regional military manpower office, which caused military force mobilization training conducted at the defendant's house located in Gwangju-si B from July 10, 2012 to July 12, 2012, the military branch office of the 18 Military Branch Office of the 18th Military Branch Group of the 183th Military Service, and did not enlist on the above date without justifiable grounds.
[2013 High Court Decision 1801]
1. On November 6, 2012, the Defendant received a notice of a call-up for training in the name of 3879 unit commander in the Army, which would result in the second supplementary training (30H) carried-over carried-over conducted at the training site of the Seocho-gu Seoul Special Metropolitan City on November 20, 2012 from the Defendant’s house located in Gwangju Metropolitan City, and participated without justifiable grounds.
2. On October 31, 2012, the Defendant: (a) received a notice of a call-up for training in the name of the first unit commander of the 3879 military unit; (b) received the second unit training (6H) conducted at the training site of the reserve forces on November 26, 2012 at the above address; and (c) did not participate without justifiable grounds.
[2013 high-level 1802] On November 6, 2012, the Defendant was unable to participate in the training call notice under the name of the first unit commander of the Army, 3879, which was conducted at the Defendant’s house located in Gwangju-si B on November 19, 2012 at the 3879 unit of the Army on November 19, 2012.
Summary of Evidence
[2013 High Court Decision 1800]
1. Defendant's legal statement;
1. A written accusation;
1. Registration by mail (2013 High Court Decision 1801);
1. Defendant's legal statement;
1. Each accusation;
1. A receipt for each notification (2013 fixed 1802);
1. Defendant's legal statement;
1. A written accusation;
1. Application of Acts and subordinate statutes governing receipt of notice;
1. Relevant provisions of the relevant Act on criminal facts, Article 90 (1) of the Military Service Act for the Selection of Punishment, Articles 15 (9) 1 and 6 (1) of the Establishment of homeland Reserve Forces Act, 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 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;