병역법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 7, 2010, the Defendant received a notice of enlistment in the active duty service under the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlistment in the Army Training Center located in the Geumnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, as of December 27, 2010.
Nevertheless, the defendant did not enlist in the military without justifiable grounds even after three days have passed from the date of enlistment.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Domestic registration/expact inquiries;
1. Application of Acts and subordinate statutes to the notice of additional enlistment in active duty service and the list of unregistered soldiers;
1. Article 88 (1) 1 of the relevant Act on criminal facts;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) considering the fact that the defendant was enlisted on March 23, 2010, but has failed to take measures to return home due to health problems; (b) the defendant reflects the instant crime; and (c) the defendant has no special criminal record in addition to juvenile protective disposition, the sentence shall be determined as ordered