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

On November 9, 2017, the Defendant directly received a notice of enlistment in the active duty service under the name of the head of the Incheon Regional Military Affairs Administration, and did not comply with the call within three days from the date of call, as of December 12, 2017, from the Defendant’s residence located in Seocheon-si C around 13:57, and as of December 12, 2017, the Defendant did not comply with the call without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Copy of the enlistment notice;

1. Application of Acts and subordinate statutes to copies of inquiries about post offices;

1. The main sentence of Article 88 (1) 1 of the Military Service Act concerning criminal facts;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the Defendant recognized the instant crime and experienced his intent to fulfill his duty of military service; (b) the primary offender; (c) the Defendant’s age and environment; (d) the motive leading to the instant crime; and (c) the circumstances after the instant crime, etc.; and (d) the sentencing conditions specified in the instant records and arguments, including the circumstances after