The defendant shall be exempted from punishment.

Punishment of the crime

On February 14, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Jung-gu District Court Goyang branch on February 22, 2018, and the judgment became final and conclusive on February 22, 2018, and on October 25, 2018, the Defendant was sentenced to six months of imprisonment for the same crime in the same court and became final and conclusive on March 1, 2019.

The defendant is a member of the reserve forces belonging to the head guard unit.

On October 2016, the Defendant moved his residence to the Dongdong-gu B building and the Dtel E of the same Gu in the Goyang-gu Seoul Metropolitan City. On October 2017, the Defendant continued to move to the F building G.

In such cases, the reserve forces shall report the relocation of their residence to the head of the competent Si/Gun/Gu.

Nevertheless, on December 21, 2017, the Defendant was unable to deliver a call notice for the reserve forces training without justifiable grounds, and thus, the Defendant became missing on December 21, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Resident registration cards of suspects;

1. Organization cards of the reserve forces;

1. Previous convictions: Application of each judgment, each of the summary agreement and auxiliary Acts and subordinate statutes;

1. Relevant Articles 15 (2) and 6-2 of the Reserve Forces Act, the choice of fines for criminal facts, and the choice of fines;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act, which provides concurrent treatment and exemption from punishment (the fact that the crime is recognized and reflected, the fact that no record of criminal punishment exists at the time of committing the crime, and the principle of equity, etc. with the case that the judgment of the court