2015 order 4153 Violation of the Military Service Act

section 1(1)(88 years old, surplus), Company Board

Housing Olsan City

Reference domicile and Eup

Lee Jong-won (Court of Second Instance) (Court of Second Instance), Lee In-hee (Court of Second Instance)

Attorney Park Jong-woo (Korean National Assembly Line)

March 10, 2016

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

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

A person who has received a notice of call-up to social work personnel shall comply with the call-up within three days from the date of call-up.

On March 3, 2015, the Defendant issued a notice to social work staff member under the name of the head of the Gyeonggi-do Office without justifiable grounds to respond to the call from the Defendant’s father ChoA to the Army Training Center in his/her domicile in Ansan-si on April 9, 2015.

Application of Statutes

1. Relevant Articles of criminal facts;

Article 88 (1) 2 of the Military Service Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (General Considerations under the following favorable circumstances):

Reasons for sentencing

In our security situation where the two Koreas stand on the part of the two Koreas, if the Defendant did not comply with the call-up of social work personnel without any justifiable reason, the Defendant was not subject to the postponement of call-up due to the lack of legitimate procedures, but the Defendant appears to have exchanged with the person in charge to postpone call-up, and has been able to fulfill the duty of military service in response to call-up in the future.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and degree of crime, circumstances after the crime, etc., and the circumstances constituting the conditions for sentencing as shown in the argument of this case, a suspended sentence of imprisonment shall be imposed.

Judicial Sub-lease