A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

A person who has received a muster notice shall not comply with it within three days from the convocation date without justifiable grounds.

On May 29, 2017, the Defendant, as social service personnel, did not respond to the call without justifiable grounds by the date on which three days have elapsed from the date of call, to comply with the convocation notice under the name of the head of the regional military affairs administration of Gwangju, the Gwangju, the Gwangju, the Gwangju, the District Military Manpower Administration of Gwangju, and the 31st association located in the Northern Dong-gu, Gwangju, the North-gu, Seoul, the North Korean Military Manpower Administration.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A written accusation;

1. Adjustment of the date of convening a meeting of social service personnel and notice of convening a meeting;

1. A list of persons to be called for social service personnel;

1. Application of Acts and subordinate statutes governing receipt of call notice;

1. On November 19, 2013, the Defendant, on the grounds of sentencing under Article 88(1)2 of the pertinent Act on criminal facts, had been sentenced to a two-year suspended sentence of imprisonment for a violation of the Military Service Act at the Gwangju District Court on November 19, 2013, and repeated the instant crime even though the call date was adjusted twice on the grounds of disease, attendance at trial, etc.

There is a fact that the defendant received medical treatment after the call notice for symptoms of depression.

Even if a person is exempted from military service through re-examination, he is not allowed to unilaterally enlistment on the date of enlistment, regardless of being exempted from military service.

In light of the defendant's legal attitude, the defendant's will to perform his duty of military service is not visible.

It is inevitable to strictly punish the defendant.