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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On December 8, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny in the Gwangju District Court’s Macheon Branch on July 8, 2016, and the said judgment became final and conclusive on October 16, 2018, but the suspended sentence was revoked on October 31, 2018.
【Criminal Facts】
The Defendant is liable for military service.
On September 11, 2017, the Defendant failed to enlist in the military service for three days after receipt of notice to enlist in the active duty service at the Gwangju Metropolitan City,nam regional military manpower office and office located in 119-ro, Dong-gu, Gwangju Metropolitan City (School Dong) on September 11, 201, and on October 31, 2017.
Summary of Evidence
1. Defendant's legal statement;
1. A certificate of accusation of a person evading the enlistment in active service, notice of enlistment in active service, and receipt of written notice of enlistment;
1. Previous convictions: Application of criminal records and investigation reports (Attachment of suspended sentence) and Acts and subordinate statutes;
1. The Defendant, on the grounds of sentencing under Article 88(1)1 of the relevant Act on Criminal Crimes, committed the instant crime without being aware of the fact that he/she was sentenced to a two-year suspended sentence for special larceny on December 8, 2016. The statutory penalty for the instant crime is stipulated as imprisonment with prison labor for not more than three years, and it is inevitable to sentence the Defendant, who committed the instant crime during the suspended sentence, as it is stipulated as imprisonment with prison labor for not more than three years.
However, in light of all the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant led to the confession of the crime of this case and reflects his mistake, and is going to perform the duty of military service in the future, it is decided as per Disposition.