A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Upon receipt of a notice of call-up to a person eligible for social service personnel, the defendant shall comply with the call-up within three days from the date of call-up.

Nevertheless, on July 25, 2017, the Defendant did not respond to the call without justifiable grounds by the date three days after the date of call, when the Defendant received a notice of call under the name of the head of the regional military affairs administration office, from the Defendant’s office located in B of the Gyeonggi-si, Chungcheongnam-gu, Chungcheongnam-si to the Army Training Center by August 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The written accusation (to evade enlistment of social service personnel);

1. Notification of the call for social service personnel;

1. The progress of delivery;

1. Application of Acts and subordinate statutes governing postal delivery certificates;

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

1. It is so decided as per Disposition by comprehensively taking into account all the factors of sentencing under Article 51 of the Criminal Act, including the following: (a) the time point of time when the sentence is imposed under Article 62(1) of the Criminal Act; (b) the compliance with the call-up of social service personnel in the future; (c) there is no record of punishment other than the punishment imposed once by a fine; and (d) the Defendant’s age, sexual behavior