except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Upon receipt of a notice of enlistment as a person in active duty service, the defendant shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, on December 21, 2017, sent a notice of enlistment in active duty service under the name of the director of the regional military manpower office of Gwangju-nam regional military manpower office in the name of Gwangju-si and Gwangju-nam regional military manpower office on January 29, 2018, to the Army Training Center located in Young-si, Seosan-si on the date of enlistment, and failed to enlist on the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. A written accusation;

1. Application of Acts and subordinate statutes to file an accusation, notification of enlistment in active duty service, investigation report (Attachment to a complaint filed by a suspect A to the Gwangju District Court), investigation report (verification of a lawsuit against revocation of rejection of enlistment in active duty service);

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

1. On January 29, 2018, the Defendant and his defense counsel asserted that there is a justifiable reason for the Defendant to not enlistment, since the Defendant filed a lawsuit for refusal of enlistment extension application and for cancellation of notification of enlistment in active service with the Gwangju District Court on January 29, 2018, and applied for suspension of execution on the same day.

In full view of the evidence duly adopted and examined by this court, the defendant is recognized as suffering from the separation of five times in the 5th century, but the above evidence can be comprehensively recognized, i.e., the following circumstances that the defendant had been unable to postpone enlistment throughout the two-year grace period, ii) the defendant has filed an administrative litigation seeking revocation of the above enlistment notice, etc. only after he had received the enlistment notice on December 21, 2017, which is the date of enlistment, and iii) the defendant applied for suspension of execution.