Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
When the defendant receives a muster notice from the call-up notice of social work personnel, he shall comply with the call-up within three days.
Nevertheless, until June 19, 2014, the Defendant received a notice of call-up in the name of the director general of the Incheon Gyeonggi-do regional military manpower office, sent on May 3, 2014, from May 8, 2014, and did not respond to the call for the period of three days from the call-up without justifiable grounds, even though it was confirmed around May 8, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. A written accusation against those who evade enlistment in the social work personnel service;
1. Application of Acts and subordinate statutes to evidence verifying the receipt of notice;
1. Article 88 (1) 2 of the relevant Act on criminal facts;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing criteria are not set for the crimes committed in the judgment;
2. The defendant's failure to respond to the call without any justifiable reason even after receiving a notice of convening a meeting shall be determined in consideration of the fact that he/she continues to respond to the call of convening a meeting in the future while recognizing and opposing a crime, and that he/she has no record of criminal punishment against the defendant, and the execution of the sentence shall be suspended.