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A defendant shall be punished by imprisonment with prison labor for four 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.
Reasons
Punishment of the crime
The defendant is a member of the reserve forces belonging to the 2997 unit B of the Army.
1. The Defendant, at around 11:00 on October 19, 2017, received a muster notice under the name of the second unit commander of the 2997 Army to attend the basic training for five hours conducted at the training site of the Howon Reserve Forces at Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and around November 6, 2017, but did not undergo the training without justifiable grounds.
2. The Defendant did not undergo the training without justifiable grounds, even though he directly received a muster notice under the name of the second unit commander of the 2997 Army, to participate in a small training (the 14th anniversary training) (the 14th anniversary training) conducted at the training site of the Reserve Forces on November 9, 2017.
3. The Defendant did not undergo the training without justifiable grounds, even though the Defendant directly received a muster notice under the name of the 2997 unit commander of the Army, to attend the training course for six hours conducted at the training site of the Reserve Forces in the Howon on November 10, 2017 (the overall training period) (the 15th anniversary) (the second supplementary training).
4. The Defendant did not undergo the training without justifiable grounds, even though the Defendant directly received a muster notice under the name of the second unit commander of the 2997 military unit No. 297 military unit, to attend the training course for six hours at the time, place, and around November 14, 2017, conducted at the training site for the Reserve Forces at the Reserve Forces.
Summary of Evidence
1. Statement by the defendant in court;
1. Each accusation;
1. Application of Acts and subordinate statutes of a copy of receipt of each notice;
1. Article 15 (9) 1 and Article 6 (1) of the Act of each reserve force in the choice of applicable laws and punishment for facts constituting an offense;
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 is that the defendant has been punished several times for the same crime, taking into account the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc.