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

A person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

On August 10, 2017, the Defendant, at the Seoul Military Manpower Administration on 43-gil 13-ro, Seoul Military Manpower Administration on September 11, 2017, to enlist in the Army Training Center located in Seosan-si, Seosan-si, Seosan-si, and did not directly receive a notice of enlistment in the active duty service under the name of the head of the Seoul Military Manpower Administration by the third day from the date of enlistment, and did not enlist without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order does not definitely have the intention to refuse military service.

The economic situation of the defendant is difficult, and the mother of the defendant and the mother of the defendant are not good.

However, the crime of this case requires strict punishment as it denies the military service system of Korea based on the conscription system.

Furthermore, although the contents of the crime are different, the defendant was punished by a fine for violating the Military Service Act.

The Defendant did not prepare and prepare for the enlistment, such as setting up a specific enlistment plan, etc. even after the prosecution, and did not solely seek to postpone enlistment by asserting that he is difficult circumstances, and the Defendant has an intention to seriously reflect his mistake and to enlist in the military in a genuine manner.

It does not seem that it does not appear.

Comprehensively taking into account these circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act shall be determined as per the order.