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 subject to enlistment in active service.

No person who has received a notice of enlistment in active duty service or of call-up shall refuse to enlist or respond to a call-up within three days from the date of enlistment or call-up without justifiable grounds.

Nevertheless, even though the Defendant received the notice of enlistment for the full time reserve service from the Daegu regional military manpower office located in the Dong-gu, Daegu regional military manpower office in 63 on November 6, 2019 to December 24, 2019, the Defendant did not comply with the enlistment without justifiable grounds by the date on which three days elapsed from the date of the call, despite the receipt of the notice of enlistment for the full time reserve service on December 50, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation offenders of the Military Service Act, receipt of a written notice of enlistment, and enlistment for full time reserve service;

1. The main sentence of Article 88 (1) and subparagraph 1 of the same Article concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act, including the punishment of a fine for a violation of the Military Service Act in 2017, has the record of being punished several times for the same and different crimes: Provided, That if the criminal is recognized and the enlistment is carried out in the future, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all the conditions of the punishment specified in the arguments of this case, including the circumstances after the crime, shall be determined by taking into account the following factors.