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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
1. From November 21, 2016 to December 23, 2016, the Defendant, as a member of the local reserve forces, was directly issued a muster notice for the call of the reserve forces under the name of the second unit commander of the 7688 unit unit of the 7688 unit of the Army, which was caused by the training of local reserve forces from November 9, 2016 to November 20, 201, at the home of the Defendant located in Guro-gu Seoul Metropolitan Government from November 21, 2016, and from November 21, 2016 to December 23, 2016.
However, the defendant did not receive the above training without justifiable grounds.
2. On November 24, 2016, the Defendant, as a member of the local reserve forces, was directly issued a muster notice for the call of the local reserve forces under the name of units 7688 unit 2 of the 7688 unit 2 unit 768 unit 2 of the Army, wherein he/she would undergo the training of the local reserve forces at the home of the Defendant located in Guro-gu Seoul Metropolitan Government around November 9, 2016, and around November 24, 2016, at the house of the Defendant located in Ansan-gu, Ansan-gu.
However, the defendant did not receive the above training without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Each accusation;
1. Application of statutes governing delivery of each convocation notice, receipt of each education and training call notice;
1. Article 15(9)1 and Article 6(1)1 of the Act on the Establishment of Local Reserve Forces and the Selection of Punishment for Criminal Facts (Amended by Act No. 14184, May 29, 2016); Articles 15(9)1 and 6(1)1 of the Act on the Establishment of Local Reserve Forces; and the Selection of Imprisonment for Punishment
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. Although the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has been sentenced to a fine for the same kind of crime eight times, it is necessary to strictly punish the Defendant, taking into account the fact that he/she committed the instant crime and there are no circumstances that may give special consideration to the motive of the instant crime.
However, all of the crimes of this case committed by the defendant, against the mistake, and against the future training of the local reserve forces in good faith.
There is a particular fact, except before the previous conviction.