2.Provided, That the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive;

A person who has received a written notice of enlistment in active duty service shall not be enlisted within three days from the date of enlistment without justifiable grounds.

The defendant is a person subject to enlistment in active duty service with full time reserve service. On August 21, 2018, the defendant issued a notice of enlistment to enlistment in the 51st group of the 51st unit of the Pacific Army on the face of the 1st century as of October 1, 2018 at the defendant's residence located in Suwon-si building B, Suwon-si, Suwon-si, the defendant did not enlistment without justifiable grounds until three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. The progress of delivery of registered mail;

1. Application of Acts and subordinate statutes on the writing of a recipient of registered mail;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 1038, Oct. 8, 2018) of the Suspension of Execution (amended by Act No. 1310, Oct. 1, 2018) (hereinafter referred to as “the date of enlistment”) was not recorded in the military on October 8, 2018. After being notified of the date of delayed enlistment (amended by Act No. 15038, Oct. 4, 2018), there are circumstances to consider that the date of enlistment was later arrived later than the scheduled time and did not enter the military; the intention to enlistment was actively expressed; there was no history of any particular criminal punishment prior to being drafted; and the sentence was determined as ordered in consideration of the sentencing conditions