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A defendant shall be punished by imprisonment with prison labor for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 18, 2014, the Defendant received a notice of convening a homeland reserve force training in the name of the 3298 commander of the Army, which caused secondary supplement training conducted from September 2, 2014 to September 5, 2014 at the Defendant’s house located in Seoul Special Metropolitan City, Gwangjin-gu, 5 Dong 102, the Defendant participated in the said training without justifiable grounds.
2. On October 13, 2014, the Defendant received a notice of convening the homeland reserve forces training under the name of the 3298 commander of the Army, which caused the secondary supplementary training conducted from October 27, 2014 to October 30, 2014 from the above Defendant’s house, and participated in the said training without justifiable grounds.
3. On October 22, 2014, the Defendant received a notice of convening the homeland reserve forces training under the name of the 3298 commander of the Army that caused the second supplementary training conducted at the above Defendant’s house on November 5, 2014, and did not participate in the said training without justifiable grounds.
4. On November 6, 2014, the Defendant received a notice of convening the homeland reserve forces training under the name of the 3298 father of the Army, which caused the second supplementary training conducted on the date and time, at the place specified in the preceding paragraph, but was unable to participate in the said training without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each statute on a written accusation;
1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland reserve forces Act, the selection of punishment for the crime, and the selection of imprisonment with labor;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act (including the fact that a person has been sentenced to a fine for the same kind of crime, but the person has been sentenced to training in the future as well as the fact that he has not been sentenced to a suspended sentence or a heavier punishment);