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.

On November 15, 2012, the Defendant received a notice of enlistment in active duty service (full time reserve service) under the name of the director of the regional military manpower office of the Chungcheongbuk-si, that he will enlist in the 37 team from the Defendant’s residence located in Cheongju-si located in Cheongju-si, to December 26, 2012, but failed to enlist for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the chargers, accusers' statements, and explanatory notes;

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

1. The punishment as ordered shall be determined by taking into consideration the following factors: the defendant who has the reason for sentencing under Article 62(1) of the Criminal Act is the confession of the crime, the fact that he is expected to enlist in the military according to future procedures, and the age, character and conduct, environment, circumstances of the crime and circumstances after the crime, etc.