However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On October 12, 2017, the Defendant received a notice of enlistment in active duty service under the name of the director of the Seoul regional military manpower office to enlistment in the 27th group located in the Seocheon-gun, Gangwon-do from the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government to the 27th group located in the Seocheon-gun, Gangwon-do from October 24, 2017, but failed to enlist without justifiable grounds by the date three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

2. C's certificate;

3. Application of Acts and subordinate statutes to notify those in active duty service;

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

2. Article 62 (1) of the Criminal Act;

3. The fact that a defendant for the reason of sentencing under Article 62-2 of the Probation Criminal Act has mistakenly recognized his intention to discharge his duty of military service, and all the circumstances, including the criminal records of the defendant, etc.