except that 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 call-up of public duty personnel, and on December 27, 2012, the Defendant did not respond to call-up to call-up, without justifiable grounds, for three days from the date of enlistment, even though he received a notice of call-up to the Army Training Center located in the Geum-gu, Seosan-si, Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation to the director of Busan regional military manpower office;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Where the reason for sentencing under Article 62 (1) of the Criminal Act is not complied with, a sentence of imprisonment in law is inevitable;

However, it is determined as follows: (a) to suspend the execution of a punishment by taking into account the fact that the defendant intended to enlist on his own at around 22 years of age, but set an appropriate time of enlistment due to the guidance of the person in charge that there is possibility of exemption from the punishment of this case; and (b) he expressed his intention to enlist at this time.