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

The defendant is a person subject to enlistment in active duty service (reserve service).

A person who has received a notice of enlistment in active duty service or a muster notice shall not be enlisted or fails to comply with the draft within three days from the date of entering the military register or the date of call without justifiable grounds.

Nevertheless, on May 18, 2020, the Defendant received a written notice of enlistment from the Seoul Military Manpower Administration on June 29, 2020 to enlistment in one association located in the Gwangju Military Manpower Administration located in the Gwangju Military Manpower Administration on May 18, 2020, but did not enlist until July 2, 2020 after three days from the date of the above enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Receipt of the enlistment notice;

1. Application of the Acts and subordinate statutes to photograph by sending a message;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following specific circumstances are set forth in the sentence, taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and other various sentencing conditions, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime

D. Unfavorable circumstances: The defendant had a record of being suspended from indictment due to the same crime, and should have paid more attention to the military service procedure, but he again went back to the crime of this case.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

At the time, the Defendant did not observe all the relevant procedures while wanting to receive coina or to undergo an examination with the acute above infection, and there are some circumstances to consider the circumstances leading to the instant crime.