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

The defendant is a person subject to enlistment in active service.

On August 13, 2018, the defendant was enlisted in the military service office in Michuhol-gu Incheon Military Affairs Administration by September 17, 2018.

“Notwithstanding the direct receipt of the notice of enlistment in the name of the head of the Incheon Military Manpower Branch Office, the person did not enlist within three days from the date of call without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A written accusation;

1. Application of Acts and subordinate statutes governing additional enlistment notice and receipt of written enlistment notice;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than three years;

2. The sentencing criteria are not set for the violation of the Military Service Act. The sentencing criteria are not set. The defendant, who was sentenced to nine months of imprisonment and two years of suspended execution, did not enlist in the army without any justifiable reason even after being notified of enlistment in active duty service. Considering the meaning of performing the duty of military service in our society, the liability for such crime is

However, in full view of the following circumstances, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant's performance of duty of military service is hardening, the defendant must support his spouse and children, the defendant has to pay more severe criminal records than the fine to the defendant, the defendant does not have any other criminal records, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the arguments of this case shall be determined as per Disposition.