A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person eligible for call-up of social work personnel, and the person who has received a call-up notice shall comply with the call-up within three days.

Nevertheless, on August 31, 2018, the Defendant directly received a muster notice under the name of the head of the Gyeonggi-do Military Manpower Branch Office to call the Army Training Center on October 4, 2018 from the building B and the Defendant’s residence in the building B and C in the Republic of Korea, but did not comply with the call without justifiable grounds by not later than three days after the date of call.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on call-up notice to social work personnel service, status of delivery, guidance for unregistered enlistment, and details of sending Kakakao messages;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. It is necessary to strictly punish the instant crime for the reason of sentencing under Article 62(1) of the Criminal Act, national security, and establishment of the faithful performance of military service duty.

However, some favorable circumstances are recognized, such as the defendant's confession of the crime of this case, the situation where other criminal cases are in progress, and some of the circumstances are deemed to have led to the crime of this case after the completion of such criminal procedures, and the fact that the same criminal power is not consistent with and faithfully performing the duty of military service, etc. In addition, the punishment shall be determined as ordered by taking into account all factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, circumstances after the crime, etc.