A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is liable for military service.

No person shall flee, conceal his/her whereabouts, injure his/her body, or commit a deceitful act, with the intention of evading military service or having military service reduced or exempted.

Nevertheless, on July 14, 2010, the Defendant, with a view to evading the duty of military service, went away by leaving his whereabouts for the purpose of evading the duty of military service, such as moving a place of residence to a non-permanent area below Jeju to a call-up notice for education of public duty personnel, etc.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Application of Acts and subordinate statutes to a charge (including attached documents);

1. Article 86 of the Military Service Act concerning criminal facts;

2. Article 62 (1) of the Criminal Act (Consideration of sentencing)

3. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant is not less than a punishment for the purpose of evading the duty of military service, which is the basic duty of the people. However, the Defendant is sentenced to a suspended sentence of imprisonment with prison labor for the Defendant on the condition that the community service order is rendered, taking into account the following factors: (a) the Defendant’s confessions and reflects the instant crime; (b) the Defendant has no specific penal power, other than the punishment imposed once; (c) the background leading up to the instant crime; (d) the circumstances leading up to the instant crime; (e) the Defendant’s age, character and conduct, intelligence and environment