A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On May 15, 2015, the Defendant was sentenced to two years of suspension of imprisonment with prison labor for fraud, etc. at the Incheon District Court on August 23, 2015, and the said judgment became final and conclusive on the 23th of the same month, and is currently under suspension of execution, and on July 14, 2014, the Defendant was sentenced to a fine of two million won for the violation of the Establishment of Homeland Reserve Forces Act in the Incheon District Court’

The Defendant, as a member of the homeland reserve forces on April 20, 2016, failed to undergo the above training without justifiable grounds even after receiving a notice of convening the training of the homeland reserve forces under the name of the second commander of the 7873 unit of the Army, which was conducted at the training place of the homeland reserve forces located in the Jung-gu Incheon Metropolitan Government from May 2, 2016 to April 4, 2016 at the training place of the homeland reserve forces located in the Jung-gu, Incheon Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation against a violator of the Establishment of Homeland Reserve Forces Act;

1. Receipt of the muster notice;

1. Investigation report (the President of the Standing Winter Team and the counterpart telephone of its members);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland Reserve Forces Act concerning the relevant criminal facts and the election of homeland reserve forces to impose punishment;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1));