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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won shall be respectively.
Reasons
Punishment of the crime
The defendants are members of the Gangseo-gu Seoul Metropolitan Government Family Reserve Forces.
On October 23, 2019, the Defendant received a notice of a call-up for training in the name of 5531 unit commander of the Army, which was conducted at the training site for the Gangseo-gu Seoul and Yangyang Reserve Forces from November 18, 2019 to November 21, 2019, and “the second supplementary training conducted at the training site for the Gangseo-gu and Yangcheon Reserve Forces” from the Defendant’s house located in the Gangseo-gu Seoul Metropolitan Government B and C, and “the second supplementary training conducted on November 22, 2019,” respectively, and did not undergo the said training without good cause even after receiving the notice of call-up in the name of 5531 unit commander of the Army.
Summary of Evidence
1. Defendant's legal statement;
1. Request for accusation against violators of the Reserve Forces Act, and notification of violations of the Reserve Forces Act;
1. Delivery, confirmation and receipt of a notice of call for training, and application of Acts and subordinate statutes on reserve force organizing cards;
1. Article 15 (9) 1 and Article 6 (1) of the Act on the Punishment of Criminal Crimes and Selection of Punishment for Reserve Forces;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had been punished for a violation of the Establishment of Homeland Reserve Forces Act or a violation of the Reserve Forces Act on several occasions, repeated the instant crime.
Although it is necessary to punish the defendant who repeats the same crime more strictly, in consideration of the fact that the defendant reflects the crime of this case and specifically complies with the notice of call for training next time, the punishment as ordered shall be determined.