A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal records] On November 10, 2016, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court on the same day, and the judgment became final and conclusive on November 18, 2016.

[2] The defendant is a person subject to call-up of social service personnel who serves as a substitute worker, and the person who receives a call-up notice shall not comply with the call-up without justifiable grounds.

Nevertheless, on September 23, 2016, the Defendant directly received a muster notice to call the Army Training Center on October 27, 2016 at the Gu-ri post office located in 34 Do-ri, 34, a 34-gil, and did not comply with the call without justifiable grounds, by the date on which three days elapsed from the date of the call.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A written accusation;

1. Notice of convening a social service personnel, abstract such as resident registration, and a detailed statement of receipt of mail;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of the text of judgment;

1. Article 88(1)2 of the former Military Service Act concerning criminal facts (Amended by Act No. 14184, May 29, 2016)

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. In light of the fact that the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is a evasion of the duty of military service to be performed as a citizen of the Republic of Korea, and that such a case is not less than that of the citizens, it is necessary to strictly punish the Defendant.

However, in light of the fact that the defendant led to the crime of this case, the equity in the case where the special larceny, etc. as stated in the decision of this case and the judgment is judged simultaneously, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.