The defendant shall be innocent.

1. The criminal defendant of this case is a reserve force member.

On August 9, 2017, the Defendant received a notice of convening a second supplementary training (Carry-over training) conducted at the training site of the Geumdong-gu District on August 28, 2017 by telephone from the head of Seongbuk-gu Seoul apartment 101 and 415, Seongbuk-gu, Seoul, the Defendant did not receive the above training without justifiable grounds, while receiving a notice of convening an education and training meeting from the head of the same Dong-dong group on August 28, 2017.

2. The crime under Article 15(9)1 and Article 6(1) of the Act is premised on the lawful delivery of a notice of call. As such, whether a notice of call for training is legitimate or not is given to the defendant.

According to the Act of the Reserve Forces, when training the members of the reserve forces, a muster notice prepared in the form prescribed by the Ordinance of the Ministry of National Defense shall be delivered to the members of the reserve forces themselves or their family members of the same household as those of the members of the reserve forces, adult family members of the same household, their employer, etc. (main sentence of Article 6-2(1) and (2) of the Reserve Military Act, Article 16(1) and (2) of the Enforcement Decree of the same Act, and Article 2(1)5 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., if the members of the reserve forces agree, a muster notice prepared in the form prescribed by the Ordinance of the Ministry of National Defense shall be delivered within seven days before the date of convening the training (Article 6-2(4) of the Reserve Military Act). However, when training or inspection is not conducted in preparation for mobilization, the Defendant may, upon receipt of the muster notice, notify the call notice by telephone or visit notice by the method of notification to convene the reserve forces.