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 was sentenced to imprisonment with prison labor for six months with prison labor for the crime of acquiring stolen goods in a public order branch of the Daejeon District Court on August 9, 2013, and the said judgment became final and conclusive on August 17, 2013, and is still under the suspension of execution.

On July 12, 2013, the Defendant received a notice of enlistment in active duty service to enlistment from his own house, 1005, 1601, 1601, to the 32th Team of the Army from his house to July 23, 2013, but did not enlist without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act and the details and circumstances of the instant crime, etc., the criminal liability is not easy, and the fact that the Defendant has a record of criminal punishment such as suspended sentence on several occasions due to the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects the fact that the first head judgment in the judgment and the first head judgment in the judgment should take into account the equity with the case where the defendant was tried at the same time in the concurrent crimes of Article 37 of the Criminal Act, and that the defendant needs to be given an opportunity to enlist in the military due to the truth that the defendant wants to be enlisted

In this context, the punishment as ordered shall be determined by comprehensively taking into account the circumstances after the crime was committed, the age, occupation, character and conduct, environment, etc. of the defendant.