A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a person who is serving in the military service from April 11, 2014 to Songpa-gu Office B as a social service personnel.

1. The Defendant violated the Military Service Act (e.g., evasion, etc. of enlistment) did not respond to the call without justifiable grounds even though he directly received a notice of convening the education for social service personnel conducted by the Army Training Center located in Songpa-gu, Songpa-gu, Seoul Olympic Games on November 19, 2015 from the Songpa-gu Office, Songpa-gu, Seoul Olympic Games on November 6, 2015.

2. Any social service personnel who violates the Military Service Act (Desertion from service of social service personnel, etc.) shall not desert from service for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant, for working on November 19, 2015 to March 14, 2016, failed to attend the Songpa-gu Office B without justifiable grounds, and left the service for at least eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation;

1. Each accusation;

1. Application of Acts and subordinate statutes concerning receipt of a notice of convening education for social service personnel;

1. Relevant legal provisions concerning criminal facts, Article 88 (1) of the Military Service Act that applies to the option of enlistment (the point of evading enlistment and the choice of imprisonment), and subparagraph 1 of Article 89-2 of the Military Service Act (the point of leaving office);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;