A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

On May 23, 2014, the Defendant was sentenced to two years of suspension of the execution of eight months of imprisonment for violating the Military Service Act at the Seoul Northern District Court on May 23, 2014, and the decision became final and conclusive on May 31, 2014 and is still under suspension

On June 17, 2014, the Defendant received a muster notice from the director of the Seoul regional military manpower office to enlist in the E apartment 101 Dong 802, from the Defendant’s office located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, on July 22, 2014, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Statement on domestic registration or inquiry;

1. Previous convictions: Criminal records, investigation reports (Attachment of previous convictions and attachment of court rulings), and application of Acts and subordinate statutes of one of the court rulings;

1. Judgment on the assertion of the defendant and his defense counsel under the main sentence of Article 88(1)1 of the relevant Act on criminal facts

1. The gist of the argument is that the Defendant refused to call active duty service due to mental illness, and there is justifiable reason to refuse to call up. Even if not, the Defendant was in a state of mental disorder due to the symptoms of depression disorder at the time of committing the instant crime.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, it should be deemed that there is a reason that can justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., illness, etc.,

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, etc.). According to the above evidence, the Defendant was subject to a second grade enlistment call upon a physical examination on April 12, 2004, and became subject to a second grade enlistment in active service. The Defendant applied for a second grade enlistment on the grounds of student enrollment from the beginning of the second half of the year, national notice, disease, etc., nine times of enlistment. The Defendant received a notice of notice of notice on February 5, 2013 on the previous crime as yellow disability and depression even at the time of receiving the notice of notice on February 5, 2013.