The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment sentenced by the court below (six months of imprisonment, two years of suspended execution) is too unreasonable.

Judgment

Inasmuch as the Defendant committed the instant crime even though there was a previous conviction of the violation of the Establishment of Homeland Reserve Forces Act more than several times, it is necessary to strictly punish the Defendant. However, given that the Defendant is faithfully undergoing homeland reserve training after the instant crime, the Defendant’s previous conviction of the suspension of execution by starting a new social life as a young person of 28 years old may be an obstacle to the Defendant’s occupation or setting the direction of life, and other various circumstances, including the motive for the instant crime, circumstances after the instant crime, the Defendant’s age, etc., and the conditions for sentencing specified in the records and arguments, the lower court’s punishment is somewhat unreasonable.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of each of the judgments of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act (the occupation of a person who fails to undergo training without justifiable grounds and the selection of a fine) for criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;