A defendant shall be punished by imprisonment for one year.

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

The defendant is a person subject to social work personnel call.

The defendant, around November 29, 2018, at the residence of Geumcheon-gu Seoul Metropolitan Government building and the defendant in subparagraph (c), called the Geumcheon-gu Office from December 14, 2018 to December 09:00, did not comply with the call-up by the date after three days from the date of call-up without justifiable grounds, even though he received the call-up notice from the director of the Seoul regional military manpower office.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to make a report on investigation, hearing of opinions made in the register, receipt, signature or image data;

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

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

1. Article 62-2 of the Social Service and Criminal Act (Article 65 of the Military Service Act provides that a disposition of military service may be changed in cases where it is deemed inappropriate to serve as a disease, etc.). Even in cases where a defendant finds it difficult for him to perform military service due to his gender identity, insofar as he unilaterally fails to comply with a call without taking remedial procedures under the Military Service Act, it is difficult to deem that there exists a justifiable reason under Article 88(1) of the Military Service Act.) The reason for sentencing is determined as ordered by taking into account the motive for refusing military service, the same kind