A defendant shall be punished by imprisonment with prison labor 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

The defendant is a person subject to a call for social service personnel.

On June 12, 2020, the Defendant received the notice from the military affairs branch office of the Gyeonggi-do branch office, which was located in the 76th unit of the Government-Si, to comply with the notice of convening the service of social service personnel C to the Korea Railroad Corporation located in Dongdaemun-gu Seoul, Dongdaemun-gu, by July 17, 2020.

Nevertheless, the defendant did not comply with the convocation within three days from the above convocation date without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Adjustment and recommendation of the date of enlistment of persons to be enlisted in active duty service, and application of statutes governing receipt of notice of enlistment;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances among the reasons for sentencing as set forth below) is that the Defendant had been subject to a disposition of suspending indictment because he failed to comply with the move-in report, thereby having to pay more attention to the military service procedure. However, at this time, the Defendant did not comply with the convocation notice itself.

As the defendant has no choice but to maintain his/her livelihood or is receiving a mental and medical treatment, it is highly necessary to punish the defendant as he/she is likely to cause the same mistake.

However, in full view of favorable circumstances, such as the fact that the defendant recognizes and reflects the crime of this case, the fact that there is no record of criminal punishment, and other favorable circumstances, such as the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., the punishment as set forth in the text shall be determined.