A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On May 25, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the Daegu District Court Port Branch branch on May 25, 201, and the enforcement of the sentence was terminated in the Daegu Detention House on February 15, 2012.

The defendant is a person to be a public duty personnel call, and the person who has received a written notice of enlistment in active service or call-up shall enlist in the army or respond to the call-up.

Nevertheless, on May 2, 2012, the Defendant received a notice of convening a public duty personnel call in the name of the director of the Daegu-do regional office of manpower administration to respond to the convening of the public duty personnel call in the name of the 50 group located in the Daegu-gu Office of Manpower Administration on June 18, 2012, from the Defendant’s house located in the north-gu Office C and 305, via father D, at the office of the Defendant’s house located in the north-gu Office of Manpower Administration (Seoul-gu) around 2, 2012, and did not comply with the convening of the call

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Call-up for, and call-up for, public duty personnel, and domestic registration/sub-mail;

1. Previous convictions indicated in judgment: Criminal records, results of confinement of prisoners, and application of Acts and subordinate statutes to a report on investigation (Attachment of judgment);

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is not well-known even though the Defendant is a repeated offender, as stated in the first head’s previous conviction as indicated in the judgment, and not only committed the instant crime, but also the statutory penalty for the violation of the Military Service Act is stipulated only by imprisonment. In light of the above, the Defendant, who is disqualified from probation, shall be sentenced to imprisonment.

However, a short-term sentence shall be imposed as ordered in consideration of the circumstances, such as the fact that the defendant reflects his mistake and faithfully serves in response to the call-up of public duty personnel.