A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

"2016 Highest 1437"

1. On October 14, 2015, the Defendant, as a member of the local reserve forces, received a notice of convening a training call in the name of the third unit commander of the 7688 unit in the Army, which was conducted at the head of the defendant's office located in Geumcheon-gu Seoul Metropolitan Government on November 9, 2015 at the training site for the 1st half-year reserve forces on November 9, 2015, and did not undergo the said training without justifiable grounds.

2. On November 4, 2015, the Defendant, as a member of the local reserve forces, was issued a notice of convening a drill in the name of the third unit commander of the 7688 military unit, which was conducted at the training site for the field of the monthly reserve forces from November 16, 2015 to November 19, 2015, and did not undergo the said training without justifiable grounds.

On August 28, 2015, the Defendant, as a member of the local reserve forces, issued a notice of convening a training call in the name of the third unit commander of the 7688 unit in the Army, which caused the second supplementary training (6 hours) conducted at the training site for the YY on September 22, 2015 at the home of the Defendant located in Geumcheon-gu Seoul Metropolitan Government on August 28, 2015, but did not undergo the above training without justifiable grounds.

Summary of Evidence

[2016 Highest 1437]

1. Statement by the defendant in court;

1. Notice of facts constituting a violation of the Act on the Establishment of Local Reserve Forces, receipt of each training call notice, and delivery certificate of each notice [2016 order 1656];

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning notification of facts constituting a violation of the Act on the Establishment of Local Reserve Forces and receipt of training call;

1. Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces and the Selection of Punishment for the Crime, Articles 15 and 6 of the Act on the Establishment of Local Reserve Forces, and Selection of Imprisonment with prison labor;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: There is no previous offense exceeding a fine;

It is necessary to faithfully respond to the call-up of training in the future.

c. 0 disadvantageous circumstances: the same crime.