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

A defendant shall, upon receipt of a notice of enlistment in active duty service, enlist in the military within three days from the date of enlistment.

Nevertheless, on December 4, 2019, the Defendant directly visited the Busan regional military manpower office located in 301, a training course in Suwon-gu, Busan, and enlisted in the Army Training Center located in 412 as of December 23, 2019.

“A person who received the notice of enlistment in active duty service under the name of the director of the Busan regional military manpower office stating the contents thereof, but did not enlist without justifiable reasons within three days after the enlistment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge, a notice of enlistment in active duty service, and a receipt notice;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that forces the defendant from attempting to enlist in the military without any criminal record, against his mistake);