The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The defendant does not pay the above fine.

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence for four months of imprisonment) is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

The lower court applied Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces to each crime in its holding.

However, Article 15(9) of the Act on the Establishment of Local Reserve Forces was amended by Act No. 12791, Oct. 15, 2014; and was enforced from January 16, 2015 according to its Addenda. Since the statutory penalty was changed to “a imprisonment for not more than one year, a fine not exceeding two million won, a penal detention, or a minor fine” the former statutory penalty was changed to “a imprisonment for not more than one year, a fine not exceeding ten million won, a penal fine not exceeding ten million won, a penal detention, or a minor fine”, and thus, if the statutory penalty is heavily changed, the punishment for a crime shall be governed by Article 1(1) of the Criminal Act at the time of an act.

Therefore, the judgment of the court below that applied the new law to the crimes Nos. 1 and 2 of the facts charged prior to the amendment of the above Act among the facts charged in the case of this case is unlawful, and as long as the facts charged in the judgment of the court below constitute concurrent crimes under the former part of Article 37 of the Criminal Act, the whole judgment of the court below is reversed

3. Therefore, the judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is so decided as follows.

Punishment of the crime

The defendant is 503, but is the member of the local reserve forces belonging to the Seo-gu in Gwangju, Seo-gu.

1. On June 17, 2014, the Defendant received a notice of call for the reserve forces training in the name of the 6753 commander of the Army, which would result in the “14-year average vocational skills training (1th supplementary 6 hours)” conducted at the headquarters of the company headquarters of the Seo-gu Seoul District, Seo-gu, Gwangju, Gwangju, and the Defendant did not undergo the said training without justifiable grounds, even though he directly received the notice of call for the reserve forces training in the name of the 6753 commander of the Army, which was conducted by the headquarters of the company headquarters of the Special Metropolitan City.

2. The defendant.