A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Upon receipt of a muster notice to a call-up of social service personnel, the defendant shall comply with the call-up within three days from the date of the call-up.

Nevertheless, the Defendant: (a) received a muster notice from the head of the Incheon Military Branch Office issued on August 26, 2015 by electronic mail to confirm the details thereof on September 8, 2015; and (b) did not respond to the call within three days from the date of the filing of the suit without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Notice of convening social service personnel, and application of statutes to certify the receipt of national e-mail;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are that the defendant evaded military service without any special reasons, but the primary offender is the first offender, the enlistment is expected in the future, the full recognition of and the attitude against all of the crimes in this case is shown, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime are considered as a whole, and the punishment is determined as ordered.