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

The Defendant, as a person subject to enlistment in active duty service on November 28, 2012, received a written notice to the effect that he will be enlisted in the military service on December 11, 2012 at the Incheon Gyeonggi-si regional military manpower office located in 53-2, Dong 1, 2012, from the date of enlistment without justifiable grounds, but failed to enlist within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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

1. Article 62 (1) of the Criminal Act (including the first offense and the fact that the defendant is entering the military court) ;