A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant did not respond to the call, without justifiable grounds, even though he directly received the notice of convening the call for social service personnel at the Seoul Military Manpower Administration located in 13 Doo-ro of Yeongdeungpo-gu Seoul District Military Manpower Administration around August 31, 2016 from the date of the call for social service personnel, even though he did not respond to the call within three days from the date of the call without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation issued by the head of the Military Affairs Administration in Seoul;

1. Application of Acts and subordinate statutes to investigation reports (personnel listening to the Military Manpower Administration);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

A favorable circumstances: The defendant committed the instant crime again even though he/she had been sentenced to a suspended sentence of two years on March 15, 2013 due to the violation of the Military Service Act by the Seoul High Court on March 15, 2013, even though he/she had been sentenced to a suspended sentence of two years due to the violation of the same Act.