A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On May 30, 2012, the Defendant did not respond to the call-up of the public duty personnel service under the name of the director of the Gwangju-nam regional military manpower office to call-up to the public duty personnel service from the Defendant’s office located in Gwangju North-gu C 402 until June 4, 2012, and from June 14:00 to the 31st group located in Gwangju North-dong, Chungcheongnam-gu, Gwangju, without justifiable grounds, by not later than three days after the date of call-up.

Summary of Evidence

1. Partial statement of the defendant;

1. Written confirmation of the draft D;

1. Notification of public duty personnel and call for education (stage 6, 2012), notification of call for public duty personnel and receipt thereof;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements and attach data to competent authorities), and to a probation status notice;

1. Determination as to the assertion of the accused and defense counsel under the main sentence of Article 88(1)2 of the relevant Act on criminal facts

1. The defendant asserted that the defendant had received a call notice on the date of receipt of the above call notice and confirmed that he was suffering from acute cochip infection during that process, and applied for a postponement of military service by facsimile with a diagnosis issued to the Military Manpower Administration, but the defendant did not reach the Military Manpower Administration due to facsimile operation, but the defendant did not know of this, and did not respond to the call. Thus, the defendant's failure to respond to the call above, it asserts that there is a justifiable reason under Article 88 (1) of the Military Service Act.

2. The following circumstances acknowledged by the trial room, namely, ① the Defendant had already taken the opportunity for postponement of military service from the competent officer around April 16, 2012, prior to the receipt of the above notification, prior to the Defendant’s receipt of the above notification for postponement of military service, and ② the Defendant issued love after receiving the notification on May 30, 2012, and thereafter, the Defendant needs to be treated due to acute colon infection on June 1, 2012.