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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
[2012 High Court Decision 499]
1. The defendant is the member of homeland reserve forces to which he belongs; and
A. On February 14, 2012, at around 15:34, the Defendant received a notice of convening the homeland reserve forces training in the name of the third unit commander of the 7873 unit of the Army that caused “the second six hours of supplementary training” at the training site of the Gyeyang-gu Incheon Gyeyang-gu 2, Gyeyang-gu, Incheon. On March 21, 2012, the Defendant did not undergo the said training without justifiable grounds.
B. On February 15, 2012, the Defendant was above the Defendant around 17:42.
The Dinkin as described in the paragraph above from March 12, 2012 to the 14th day of the same month.
In the training place of the Gyeyang Reserve Forces entered in the port, the notice of convening the homeland reserve forces training in the name of the third commander of the 7873 military unit in the Army that "the third 24 hours for the supplement training" was sent, but did not receive the above training without justifiable grounds.
[2013 High Court Decision 206] The Defendant is a member of the homeland reserve forces belonging to B as above, and the Defendant received a muster notice from October 31, 201 to November 2, 201, which caused the second supplementary training conducted in the 3rd unit of the Army, 7873 unit located in Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, 201, to the third unit of the 33rd unit of the Army, but did not enlist at the designated date without justifiable grounds.
Summary of Evidence
1. Each police interrogation protocol against the accused;
1. A third written statement of call-up notice (third written statement) and a written statement of each call-up notice (2 second written statement);
1. Application of Acts and subordinate statutes governing receipt of each muster notice;
1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the selection of fines for the crimes, and the selection of penalties;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.