A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

Although the Defendant directly received a notice to convene a social work personnel call-up from Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, on November 30, 2017, from the date of call-up to the Ulsan-gu office by December 11, 2017, the Defendant did not respond to the call-up without justifiable grounds for three days after the date of call-up.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning receipt of a complaint or notice for convening social work personnel;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the case where the defendant does not respond to a call under the Military Service Act without any justifiable reason. However, the defendant's response to a call in the future is capable of avoiding the intent of performing his duty of military service while complying with the call in the future, and there is no past record of criminal punishment beyond the fine, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime and all other circumstances constituting the conditions for sentencing including the defendant's age, character and conduct, environment