병역법위반
A defendant shall be punished by imprisonment for six months.
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.
Punishment of the crime
On January 10, 2018, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Daegu District Court, which became final and conclusive on January 18, 2018.
The Defendant is a person in active duty service.
Although the Defendant received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration in the Daegu-gu regional military service office, Daegu-gu, Daegu-gu, Daegu-gu, 104 Dong 408 on August 24, 2017, stating that “I will be enlisted in active duty service on October 10, 2010,” the Defendant did not enter the military service on October 14, 2017, when three days have passed since the date of the enlistment without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation;
1. A written accusation, a notice of enlistment in active duty service, a list of waiting persons, and a certificate of the result of delivery by a post office;
1. Application of statutes governing judgment;
1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1)3 of the Criminal Act on the grounds that the defendant is against the time of committing the instant crime, that the defendant faithfully performs his duty of military service, that there is no record of the same crime, that the instant crime constitutes concurrent crimes after Article 37 of the Criminal Act, and that other circumstances shown in the argument