A defendant shall be punished by imprisonment for one year.

except that 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

On April 15, 2014, the Defendant was sentenced to six months of imprisonment for special larceny at the Suwon District Court, and the judgment became final and conclusive on April 23, 2014.

The defendant is a person subject to separate enlistment in active duty service.

Upon receipt of a written notice of enlistment in active duty service, any person shall comply with the enlistment within three days from the designated date of enlistment.

Nevertheless, on January 4, 2013, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist in the 306 supplementary unit located in Suwon-si, Suwon-si on January 29, 2013 from the Suwon-si, Suwon-si, which was located in Suwon-si, the Defendant did not enter the military without justifiable grounds by the date three days have elapsed since the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation or accusation against a violator of the Military Service Act;

1. Inquiries for military service;

1. An annual list of persons who have not been drafted;

1. Receipt of the enlistment notice and photographs of telephone call details;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes to criminal investigation reports (Attachment to final judgment on a suspect);

1. Article 88 (1) 1 of the former Military Service Act (Act No. 10866) applicable to criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., the circumstances favorable to the defendant among the reasons for sentencing) is that the criminal liability is not minor in light of the content and circumstances of the instant crime, and that the defendant has a history of criminal punishment such as suspended execution or sentence on several occasions due to the instant crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and is against the truth, the fact that the crime of this case is finalized and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, the fairness in the case where the judgment was received at the same time should be considered. If the defendant is given an opportunity in the future, it is necessary to give another opportunity to attend military service in good faith, and the defendant has to look at the pregnant wife.