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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
No person who has received a notice of a call-up of social service personnel shall comply with the call-up within three days from the date of call-up without justifiable grounds.
From November 3, 2017 to December 15, 2017, the Defendant received a muster notice to call from the Defendant’s house located in Mapo-gu Seoul Metropolitan Government to a 346 Seoul Transportation Corporation located in Seongdong-gu, Seongdong-gu, Seoul, and from December 15, 2017, the call notice was changed on December 1, 2017. The Defendant received a muster notice to call from December 15, 2017 to December 09:00, the Defendant did not respond to the call within three days from the date of call without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to a written accusation (including attached documents);
1. In light of the fact that the defendant's resident registration was cancelled for the reason of sentencing under Article 88 (1) 2 of the pertinent Act regarding criminal facts, and the performance of his duty of military service has not been achieved due to the long-term cancellation of the defendant's resident registration for sentencing, the call-up notice of social service personnel in this case is not complied with without any justifiable reason, and the quality of the crime is not good even if the defendant received the call-up notice, and the defendant must consider equity with those of other faithfully performing the duty of military service due to exemption from enlistment as he is now 38 years old, and thus, he must be sentenced to punishment without any reason. However, in light of the fact that the defendant is against his mistake, there is no record of punishment for nonperformance of the duty of military service, and other sentencing conditions indicated in the record, such as the defendant's age