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

Upon receipt of a written notice of enlistment of a person in active duty service, the defendant shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, at around 13:08 on October 28, 2019, directly received a notice of enlistment in active duty service under the name of the director of the regional military manpower office in the name of Gyeong-nam regional military manpower office to enlist in the military service around 19 November 2019 from the Defendant’s residence located in the building B, Jinju-si around 13:08, to the 36 company group located in Hongyang-ri, Hongyang-ri, 1673, and did not, without justifiable grounds,

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning enlistment notice in active duty service and progress of delivery;

1. Article 88 (1) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));