A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Records] On August 17, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Daejeon District Court on the 25th of the same month and the judgment became final and conclusive on August 25.

[ criminal facts] Upon receipt of a written notice of enlistment as a person subject to enlistment in active duty service, he/she shall respond to the call within three days from the date of filing the lawsuit.

Nevertheless, the Defendant, on December 14, 2017, visited the Daejeon District Military Manpower Administration, located in the 5-ro, Seo-gu, Seo-gu, Seo-gu, Daejeon on 16th (Seoul District Military Manpower Administration), to enter the active duty service, and, on the other hand, failed to comply with the call without justifiable grounds by the 3-day day after the date of call, although the Defendant directly received the notice of enlistment under the name of the head of the Daejeon District Military Affairs Administration in the name of the head of Seocheon-gu, Daejeon District Military Manpower Administration, which was located in the 11 association located in Seocheon-gun, Seocheon-do.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the previous judgment and the fact that the period of suspension of execution is in the same kind of crime);

1. The sentence is inevitable on the ground that a person commits the instant crime in the course of the suspension of execution due to the same kind of crime for the reason of sentencing under Article 88(1)1 of the pertinent Act as to the relevant criminal facts.

The punishment as ordered shall be determined by the defendant, taking into consideration all the circumstances, such as the fact that the defendant has fulfilled his duty of military service, age, sex, environment, motive for and means of crime, consequence, circumstances after the crime, etc.