A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

A person subject to the call-up of social service personnel shall comply with the call-up within three days from the date of the call-up.

On May 28, 2018, the Defendant is a person subject to call-up of social service personnel. On May 31, 2018, the Defendant sent to the Army Training Center (412) on May 31, 2018 at the Social Welfare Department office of the Seoul Military Manpower Administration located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the Army Training Center (412, as he/she was inside the territory of the Sinsan-si) on May 31, 2018, but did not respond to call-up without justifiable grounds by the date three days after the call-up date.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of call notice;

1. The grounds for sentencing under Article 88(1)2 of the Act on Criminal Crimes clearly indicate that the Defendant does not intend to perform military service.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the mental health status of the defendant revealed in the growth process of the defendant based on such decision and the medical records submitted by the defendant, shall be determined by taking into account the conditions of the sentencing as ordered by the defendant.