A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On January 26, 2018, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution due to the crime of injury at the Incheon District Court, and the judgment became final and conclusive on February 3, 2018.

[Criminal facts] The Defendant is a person subject to call-up of social service personnel

A person who has received a muster notice shall comply with the convocation within three days from the date of the convocation, except in extenuating circumstances.

Nevertheless, on July 12, 2016, the Defendant was enlisted in the Army Training Center of the Nam-gu Incheon Metropolitan City, the Nowon-gu Incheon Metropolitan City Military Affairs Branch from August 7, 2016 to August 14:00, and completed a four-day basic military training for 4 weeks and did not comply with the call-up without justifiable grounds by the date three days after the call-up date.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. The date of convening the social service personnel, adjustment and notification thereof;

1. A receipt of a notice of convening the education for social service personnel;

1. References to inquiries, such as criminal history, printed materials of each consolidated case, and application of the statutes of each judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act does not have the record of being punished for the same crime, and the defendant reflects the crime of this case, and the defendant faithfully complies with the notice of convening in the future. The crime of this case is in the relation of concurrent crimes between the previous conviction in the judgment and the latter after Article 37 of the Criminal Act, and the defendant's age, sex, sex, environment, motive and circumstance of the crime of this case, means and method, and circumstances after the crime, etc. shall be considered at the same time. The same sentence as the order shall be determined by comprehensively taking into account the following factors: