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

Punishment of the crime

[criminal power] On June 9, 201, the Defendant was sentenced to a suspended sentence of two months for a violation of the Punishment of Violences, etc. Act (joint confinement) at the Busan District Court, and on October 11, 2012, the Defendant was sentenced to ten months for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court’s Branch Branch Branch, and the sentence of the said suspended sentence was invalidated on May 13, 2013, and the said sentence became final and conclusive on May 13, 2013, and the execution of the sentence was completed on April 16, 2014.

【Criminal Facts】

The defendant is subject to call-up to social work personnel.

A person who has received a notice of call-up to social work personnel shall not respond to the call-up after the expiration of three days from the call-up without justifiable grounds.

Nevertheless, on July 29, 2014, the Defendant directly received a call-up notice from the Busan Military Affairs Administration located in Suwon-gu, Busan, and on September 29, 2014, the Defendant did not comply with the call-up without justifiable grounds for three days after the date of call, even though he received the call-up notice from the Busan Military Affairs Administration on September 29, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Receipt of the call-up notice to social work personnel;

1. Previous records of judgment: Application of one copy of inquiry report, such as criminal records, one copy of output of judgment (Evidence No. 11) and one copy of personal identification/Admittance status of each individual;

1. The written indictment under Article 88(1)2 of the pertinent Act on criminal facts is written as “Article 88(1)3 of the Military Service Act,” but it is obvious that this is a clerical error.

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is to determine the sentence as ordered in consideration of the Defendant’s age, character and conduct, environment, etc., and other factors of sentencing indicated in the record when the Defendant committed a crime of violating the Military Service Act, which is punishable by imprisonment only by the statutory penalty, during the period of repeated offense.