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.

On July 24, 2018, the Defendant directly received a written notice of enlistment in the name of the director of the regional military manpower office, which is the Gyeonggi Military Manpower Office in Suwon-si, which was located in 120, and “Sariwon-gun, which was located in Gangwon-do, to be enlisted in the 23th Team in the Army located in Gangwon-do, as of August 28, 2018,” and did not enlist by the date on which three days elapsed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A public notice of enlistment in active duty service, and a receipt of the written notice of enlistment;

1. A written oath;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognizes the crime of this case and faithfully executes military service, the fact that there is no record of criminal punishment except for the one-time suspension of indictment, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and the circumstances after the crime shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case including the defendant