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 is a person in active duty service.

On January 6, 2020, the defendant received a written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the 12 company group from the defendant's residence located in Gyeonggi-si B, and from January 28, 2020.

Nevertheless, the defendant did not enlist without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to a charge, a written accusation, a written statement of postal delivery, and the identification of persons subject to delayed enlistment;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence identical to the order shall be determined in consideration of the following conditions of sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Before the instant case, the Defendant returned home on the grounds of the dystypitis, hepatitis, mental illness, etc. after enlistment two times before the instant case. On January 30, 2020 after the instant crime, the Defendant returned home on the ground that he had delayed enlistment, but was treated at the hospital after the instant crime.

Since objective data to prove that the health condition of the defendant is sufficient to lead a military life is not submitted at all, the circumstances that are favorable to the nature of the crime: The confession is against the law, the first crime is being committed.