A defendant shall be punished by imprisonment with prison labor for up to six 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.

Punishment of the crime

[2017 Highest 1362]

1. On October 4, 2016, the Defendant violated the Act on the Establishment of Local Reserve Forces, as a member of the homeland reserve forces, received a muster notice stating that he/she may undergo secondary supplementary carried-over training in the training place of Gangseo-dong B or 1 of Songpa-gu Seoul and that he/she may undergo secondary supplementary training in the training place of Gangnam-dong Bong-dong Reserve Forces on October 25, 2016.

However, the defendant did not receive the above training without justifiable grounds.

2. On March 8, 2017, the Defendant violated the Act, as a member of the reserve forces, received a muster notice demanding the second supplementary training at the domicile of the Defendant in Songpa-gu Seoul or 1, Songpa-gu, Seoul, or on March 29, 2017, and the second supplementary training at the training site of the training site of the Gangwon-dong Bongdong-dong Reserve Forces.

However, the defendant did not receive the above training without justifiable grounds.

[2017 Highest 2504] On June 26, 2017, the Defendant, as a member of the reserve forces, received a muster notice that he would undergo the second supplementary carryover training at the address of the Defendant in Songpa-gu Seoul or 1, Songpa-gu Seoul, and that he would undergo the second supplementary carryover training at the training site of the Gangwon-dong Dispatch Reserve Forces on July 7, 2017.

However, the defendant did not receive the above training without justifiable grounds.

Summary of Evidence

[2017 Highest 1362]

1. Statement by the defendant in court;

1. A written accusation and a written confirmation for delivery of each call-up notice (2017 order 2504);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing a charge, a written confirmation for delivery of call notice, and a receipt of training notice;

1. Articles 15(9)1 and 6(1) of the former Act on the Establishment of Local Reserve Forces (Amended by Act No. 14184, May 29, 2016); Articles 15(9)1 and 6(1) of the said Act concerning criminal facts; Articles 15(9)1 and 6(1) of the said Act of each reserve force; the choice of imprisonment, respectively, for a crime

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. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for sentencing) is that the defendant is unable to participate in training repeatedly even though he/she has been sentenced to a fine several times for the same kind of crime, the defendant is against the defendant, and the defendant is against the same kind of crime.