A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 30, 2016, the Defendant, as a person subject to call-up of social service personnel, failed to respond to call-up without justifiable grounds for the lapse of 76 days from April 28, 2016 and 3 days from the date of call-up to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-gu, Incheon, the Military Manpower Administration on March 30, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Adjustment and notification of the date of convening the social service personnel, and receipt of the notice of convening the social service personnel;

1. Application of Acts and subordinate statutes to a report on investigation (report attached to medical records);

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

2. All citizens on the grounds of sentencing under Article 62(1) of the Criminal Act shall have the duty of national defense equally in accordance with the Constitution and the law.

The Defendant had been postponed several times due to hospitalization, etc.

The defendant did not comply with the convening of the Military Manpower Administration and did not submit explanatory materials, such as a written confirmation of hospitalization.

However, the execution of a sentence shall be suspended in consideration of the fact that there are some circumstances to consider the refusal of the call and that the defendant will faithfully serve in the future, sexual behavior, criminal records, etc.