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

The defendant is a person in active duty service.

The defendant, around April 27, 2009, sent a written enlistment notice under the name of the director of the Seoul Regional Military Manpower Office to enlist in the active duty service to the Gangseo-gu Seoul Metropolitan Government B Apartment 108 Dong 701, from May 6, 2009 to the Army 306 Supplementary Zone, through his mother C, but did not enlist until May 9, 2009, when three days have passed from the above enlistment date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation of the Seoul Regional Military Manpower Office;

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 on the suspension of execution is that the Defendant, on the ground that he/she had taken a qualifying examination, illness, and State notice, was unable to postpone enlistment, and the Defendant was able to do so for 3 years since he/she received the written notice of enlistment in the instant case.

On the other hand, the defendant shall be sentenced to the same punishment as the disposition, comprehensively taking into account the fact that he is expected to complete his military service by enlistment at the latest.