A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No person who has received a notice of enlistment in active duty service or of call-up shall refuse to enlist or respond to a call-up within three days from the date of enlistment or call-up without justifiable grounds.

Nevertheless, on August 12, 2019, the Defendant directly received a notice of enlistment in the name of the superintendent of the regional military manpower office, stating that “to be enlisted in the Army Training Center located in the Dong-si, Seosan-si on September 16, 2019,” and did not comply with the enlistment without justifiable grounds by not later than three days after the date of enlistment.

[Defendant and defense counsel consider that the defendant's father was a Chinese national and did not bear the duty of military service, and argued that the defendant did not comply with the enlistment. However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the mother of the defendant is a North Korean citizen, and the defendant acquired the Korean nationality at the time of birth pursuant to Article 2 (1) 1 of the Nationality Act; the defendant did not inquire about whether he was a person who bears the duty of military service at the Military Manpower Administration, etc. for a period of one month after he was directly delivered a notice of enlistment in active service; the defendant stated that he did not enlist in the telephone conversation with the person related to the Military Manpower Administration following the enlistment in active service; the defendant did not have any justifiable reason for failing to perform the enlistment within three days after receiving the notice of enlistment in active service. Accordingly, the defendant and defense counsel's assertion cannot be accepted.)

1. Partial statement of the defendant;

1. Investigation report (including a report on the result of verification of naturalization - an attached A basic certificate);

1.A statement attached to the written accusation, a notice of additional enlistment, and a service by mail;