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 December 22, 2017, when the defendant filed an application for postponement of enlistment at the office of the Incheon Military Affairs Branch of the 76 Incheon Southern-ro, Nam-gu, Incheon, the defendant, and received a notice of enlistment in the army training center located in the Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do by January 29, 2018, which was the date of postponed enlistment, and did not, without good cause, enlist until February 1, 2018, which is three days after the date of enlistment, notwithstanding the notice of enlistment in the active duty service under the name of the head of the Incheon Military Manpower Office.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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; (b) the Defendant was willing to fulfill his duty of military service; (c) the Defendant was not enlisted without any particular reason; and (d) the Defendant’s age, environment; (d) the motive leading to the instant crime; and (e) the circumstances following the instant crime, which form the conditions for sentencing as shown in the records and arguments, shall