A defendant shall be punished by imprisonment for not more than ten 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

1. On February 26, 2015, the Defendant violated the Military Service Act (the refusal of receipt of an active notice) met C, which is an employee of the Seoul Regional Military Manpower Office, with the enlistment in active service and the enlistment in active service.

The above C attempted to deliver a written notice of enlistment in active service to the Defendant, who is a person subject to enlistment in active duty service, to the 30th group of the Army until March 3, 2015, stating that “the enlistment date is too imminent,” but the Defendant did not accept the said written notice of enlistment in active duty service.

Accordingly, the defendant refused to receive a written notice of enlistment in active duty service without justifiable grounds.

2. No person who violates the Military Service Act (with the intention of evading the duty of military service) shall flee, conceal his whereabouts, injure his body or make a fraudulent act, with the intention of evading such duty of military service or having such duty reduced or exempted;

On January 21, 2003, the Defendant was subject to enlistment in active duty service, and the Seoul Central District Prosecutor’s Office of Public Prosecutor’s Office rendered a disposition of suspending prosecution against the suspected violation of the Military Service Act that “the Defendant was unable to deliver a written enlistment notice by failing to move within four days after moving to his place of residence,” and went back to Seoul and Gyeonggi Group without notifying his location to the competent Military Manpower Administration.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accuser C;

1. Police investigation report (in the case of an accusation C currency);

1. Application of Acts and subordinate statutes to the accusation book, notification of persons to be enlisted for active service, resident registration cards, etc.;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 85 and 6 of the Military Service Act that select a sentence, and Article 86 of the same Act and Article 86 of the Military Service Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is disadvantageous to the community service order.