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, on November 20, 2019, the Defendant directly received a written enlistment notice to enlistment in the Army Training Center on December 2, 2019 from the Defendant’s residence located in the building B of Yongsan-si around November 20, 2019, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

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 grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the accused is led to a confession of a crime and is against his wrongness; (b) the accused is the primary offender; and (c) the accused’s age, character and conduct, environment, motive of a crime, circumstances after a crime, etc. as shown in the argument of this case are determined by comprehensively taking account of the following factors: