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

Punishment of the crime

[criminal power] On December 12, 2018, the Defendant was sentenced to one year of suspended execution for a violation of the Military Service Act at the Cheongju District Court, which became final and conclusive on December 20, 2018, and is currently under suspended execution.

【Criminal Facts】

The defendant is a person in active duty service.

On January 22, 2019, at around 15:29, the Defendant: (a) was enlisted in the Army Training Center located in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-si on February 18, 2019 in the residence of the Defendant; and (b) was directly received a notice of enlistment in the name of the director of the regional military manpower office in order to receive the notice of enlistment in the active service in the name of the director of the regional military manpower office in the Chungcheongbuk-gun;

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written accusation and written opinion;

1. Notice of enlistment in active duty service and information about delivery;

1. Previous records: Application of inquiry reports and investigation conditions-related Acts and subordinate statutes, including criminal records;

1. In full view of the following facts: (a) the Defendant, on the grounds of sentencing under Article 88(1)1 of the relevant Article of the Military Service Act regarding criminal facts, committed a crime with the same content; (b) the suspension of indictment in around 2017; and (c) the Defendant again evaded enlistment after having been sentenced to a suspended sentence as before the previous conviction in around 2018; and (d) the fact that the nature of the crime is not good in light of the circumstances and circumstances, a sentence of imprisonment with prison labor is inevitable for

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, shall be determined as ordered by taking into account all the facts acknowledged by the defendant as to the crime in this case.