However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

No person who has received a muster notice for enlistment in active service shall enlist in the army within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant failed to enlist in the military on December 18, 2019 without justifiable grounds, even though he received a notice to enlistment in the active duty service from the 12 group located in the Gangwon-do Incheon-do Incheon-gun on January 6, 2020 through his birth in the military service around December 18, 2019.

Summary of Evidence

1. A written accusation filed against the defendant in his/her court statement;

1. Notice of additional enlistment in active duty service;

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. The reason for sentencing under Article 62(1) of the Criminal Act, including the recognition of the crime of this case and the performance of military service by the defendant, the criminal punishment records of the defendant, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime, shall be determined as follows.