A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, while having lost the ability to discern things or make decisions by means of a net-type tidal wave, etc., was unable to discern things or make decisions. From September 6, 2012, the Defendant, around August 10, 2012, at the residence of Gangnam-gu Seoul Metropolitan Government C rooftop.

9. 8. 12:00 on August 12:0, 200, the Seoul Regional Military Manpower Office received a notice of call-up to the Army Training Center, but failed to comply with the call-up during the above period without any justifiable reason,

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes to the result of a request for mental appraisal by the director of the medical treatment and custody office of this court;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The alleged defendant is in a situation where it is inappropriate for other male soldiers to receive training by enlistment in the army due to mental disorders, confusion in gender identity, etc., and in such circumstances, evading enlistment constitutes an act to avoid the danger of sexual humiliation, which makes it impossible to attend, and thus constitutes an emergency evacuation, or a reason to exempt or reduce liability due to the lack of expectation.

2. Article 88(1) of the Military Service Act provides that a person shall be punished by imprisonment with prison labor for not more than three years where he/she fails to comply with a call-up notice without justifiable grounds. The term “justifiable cause” in this context is, in principle, premised on the existence of abstract military service and the recognition of the performance of the duty itself. However, the reason why justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Following the commission of mental appraisal by this court.