A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[200 high group 1123] No person who has received a notice of enlistment in active service or call-up shall be allowed to refuse to enlist in the military or to respond to the call-up within three days from the date of enlistment or call-up without justifiable grounds.

Nevertheless, on October 29, 2019, the Defendant issued a notice of enlistment in active service under the name of the director of the regional military manpower office in Busan District Military Manpower Office to the effect that “the Defendant is called to the Army Training Center located in the Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Busan District Office on November 25, 2019” at the Defendant’s house located in the Busan District District Office B building C, and did not enlist within three days from the date of enlistment without justifiable grounds.

[200 Highest 2718] The defendant was a relative grandchild of the victim D(77 years of age) and the victim's family living together in Busan High-gu B building B(hereinafter omitted).

피고인은 2020. 7. 3. 오후경 위 주거지에서, 피해자에게 분가할 집의 임대차보증금 300만 원을 달라고 요구하기 위해 그곳 주방에 있던 흉기인 식칼(총 길이 32cm, 칼날 길이 20cm)을 오른손에 쥔 채 마침 귀가하는 피해자를 뒤따라가 피해자에게 “돈 빼와라.”라고 말하여 위협하였다.

Accordingly, the defendant threatened the victim with a deadly weapon.

Summary of Evidence

[200 Highest 1123]

1. Defendant's legal statement;

1. Notice of enlistment in active duty service, list of notified persons, notification of enlistment in active duty service, progress of delivery of notice of enlistment, output of the Kakakakao Kakao Kakao Ma screen (2020 order2718);

1. The protocol of seizure of the police statement of the defendant regarding D's legal statement, and the investigation report of the seizure list, and the application of Acts and subordinate statutes on the list of reported crimes, photograph 112;

1. Relevant provisions of the relevant Act on criminal facts, Article 88 (1) of the Military Service Act that applies to the selection of a sentence, and Articles 284, 283 (2) and (1) of the Criminal Act (the point of threats to special existence and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: