A defendant shall be punished by imprisonment for not less than eight 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, at the Defendant’s house located in Seocheon-si B and 201 on February 2, 2018, received a notice of enlistment in the military service under the name of the head of Seocheon-si Office in Incheon to enlistment in the 25 association located in Seocheon-si, Yang-si on February 20, 2018, and did not, without justifiable grounds, enlist until February 23, 2018, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation (No. 3 once a year);

1. Application of statutes governing the public notice of enlistment in active duty service and the progress of registration delivery;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the Defendant recognized the instant crime; (b) was willing to fulfill his duty of military service; (c) the Defendant was sentenced to a fine due to the violation of the Military Service Act by failing to file a move-in report; and (d) the Defendant’s age and environment; (c) motive leading to the instant crime; and (d) the circumstances leading to the instant crime; and (e) the circumstances leading to the sentencing conditions