All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below is too unhued and unreasonable.

B. Defendant (1) was tried by another criminal case at the time when the Military Manpower Administration received a notice of the call-up of a social service personnel from the Military Manpower Administration, and applied for the postponement of the call-up date to the Military Manpower Administration by notifying the aforementioned circumstances.

Nevertheless, the court below held that the defendant did not comply with the convocation notice without justifiable grounds.

Recognizing the facts, the judgment of the court below rendered a conviction.

(2) The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly examined and adopted as to the Defendant’s assertion of mistake of facts, the following facts are revealed.

Since 2008, the defendant applied for postponement of enlistment date to the Military Manpower Administration several times on the grounds of application for qualifying examination, illness, parenting of children, etc., and accordingly the enlistment date was postponed.

After that, the Defendant was subject to the call-up of social service personnel, and the date of call-up of this case was July 24, 2014.

In addition, on March 13, 2014, the defendant had been determined by applying for postponement of the designated call date on the grounds of the attendance at the trial.

At the time of application for postponement, the defendant prepared a written statement that he will attend at the next convocation date.

Nevertheless, on July 24, 2014, the Defendant did not appear on the trial date of other criminal cases against himself/herself and did not comply with the convocation notice.

On July 25, 2014, the Military Manpower Administration notified the defendant that he/she would respond to the call by July 28, 2014, in cases where it is inevitable by telephone, but the defendant did not comply with the call.

In full view of these facts, the fact that the defendant did not comply with the convening notice of social service personnel by the Military Manpower Administration without justifiable grounds can be sufficiently recognized.