A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 182] The defendant is a member of the local reserve forces.

On May 1, 2016, the Defendant directly received a notice of convening a drill of the local reserve forces to the effect that the Defendant, located in Gangdong-gu Seoul Metropolitan Government, would undergo secondary supplementary training from “C” restaurant where he works as an employee, on May 25, 2016, conducted on May 25, 2016 at the training site of the Gangwon-gu Seoul Seocho-gu, Seocho-gu, Seoul, would not undergo such training without justifiable grounds.

[2016 Highest 2090] The defendant is a member of a local reserve force.

On May 1, 2016, the Defendant directly received a notice of convening a local reserve force training call to the effect that the Defendant, located in Gangdong-gu Seoul Metropolitan Government, would undergo the second supplementary training in the training place for the entire period of the Gangseo-dong and the dispatching reserve forces located in Seocho-gu Seoul Metropolitan Government on May 24, 2016, but did not undergo such training without justifiable grounds.

Summary of Evidence

[2016 Highest 182]

1. Statement by the defendant in court;

1. Written accusation (including a certificate of delivery of a notice of call for training and a certificate of receipt of a notice of call for training);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inform crimes violating the Act on the Establishment of Local Reserve Forces (including a certificate of delivery of a muster for training and a receipt of a muster notice);

1. Article 15 and Article 15 (9) 1 of the Act on the Establishment of Local Reserve Forces and the Selection of Imprisonment with labor for a crime;

1. Article 62 (1) of the Criminal Act (which has already been punished six times for the same kind of crime and is not against the disadvantage of the case, but the defendant is not able to faithfully participate in future training, etc.);

(3) In addition to each of the above previous crimes, there are no criminal records of punishment, etc.