A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant was transferred to industrial technical personnel service on December 28, 2017, and was transferred to the subject of call-up to social work personnel service on May 15, 2018.

Any person subject to a call-up to social work personnel service who has received a notice of enlistment in active service or call-up shall enlist or respond to the call-up within three days from the date of enlistment or call

On March 18, 2019, the Defendant received text messages from C affiliated with the Incheon Military Manpower Administration B, stating that “Arreth’s notice was sent in e-mail (D).” On April 19, 2019, the Defendant entered the Army Training Center in the Army on April 18, 2019, and received a muster notice from the head of the Incheon Military Manpower Office to check and deliver the notice of convening the Military Education and Training Department under the name of the head of the Incheon Military Manpower Office, stating that “Arreth’s notice was sent in e-mail (D).”

Nevertheless, he did not comply with the convocation within 3 days.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigate and report the transmission details of text messages, including a written accusation, a written accusation, a written accusation of a police suspect, a call-up to social work personnel, a notice of call-up to social work personnel, a management of a person notified by e-mail, personal information of the accused, and an investigation report (to hear statements

1. The reason for sentencing of Article 88(1)1 of the former Military Service Act (amended by Act No. 16852, Dec. 31, 2019) on criminal facts is the basic duty of citizens related to the existence of the State. As such, if a person neglects his duty of military service without any justifiable reason, it is necessary to strictly punish the person, and other factors such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the records and arguments of this case shall be comprehensively taken into account.