A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person subject to a call for military education as a social service personnel who is serving in the military service without completing military education call.

Around May 2016 and around two occasions on November 2016, the Defendant postponed the date of convening military education. On January 25, 2018, the Defendant failed to attend military education on the ground of personal circumstances again, and on February 27, 2018, the Defendant visited the Nam-gu Incheon District Military Affairs Branch Office of Incheon, Nowon-ro 76 (School-based) around February 27, 2018, and “to enlist in the Army as a Army Training Center by April 19, 2018” did not, without justifiable grounds, enlist by the date three days after the date of call, although the Defendant was notified that it is impossible to postpone the date of call.

Summary of Evidence

1. Statement by the defendant in court;

1. The head of the Incheon Military Affairs Branch Office;

1. The application of Acts and subordinate statutes to a written accusation, the promotion and notification of the date of convening military education for those on pre-service or the receipt of a notice of convening education for social service personnel;

1. In the indictment under Article 88(1)2 of the pertinent Act on criminal facts, the applicable provisions of the Military Service Act stipulate “Article 88(1)1 of the Military Service Act” but it is obvious that “Article 88(1)2 of the Military Service Act is a clerical error in the indictment in light of the content of the facts charged.”

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant did not comply with a call for military education even if he/she had extended two times or more on the date of call.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant's wife seems to have been treated with cancer.

In the future, the defendant will faithfully participate in the call for military education.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.