A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, at around January 17, 2020, was sent to the Defendant’s house located in Seodaemun-gu Seoul, Seoul, to the first group located in the Dongcheon-gu, Chungcheongnam-gu, Seoul, on March 2, 2020, and received a notice of enlistment for the full time reserve service in the name of the director of the Seoul regional military manpower office, and did not enlist without justifiable grounds by the date on which three days elapsed from the above enlistment date, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation (including a attached written accusation, a statement of the progress of registration delivery, and an abstract of a resident registration);

1. Application of Acts and subordinate statutes to notice of enlistment in suspect name;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the basic duty of the people related to the existence of the State.

The defendant has suspended enlistment several times, and has committed the crime of refusing enlistment in this case, and if the defendant is not punished strictly, the effectiveness of the military service system shall not be guaranteed.

In particular, on April 10, 2019, the Seoul Western District Court sentenced the defendant to 4 months of imprisonment with prison labor and one year of suspended sentence on April 18, 2019, which became final and conclusive on April 18, 2019, and held that the crime was still under suspended sentence, so there is a high possibility of criticism.

However, in consideration of the fact that the defendant has no record of criminal punishment, the defendant's voluntary performance of military service in the future, and other various sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive for the crime and circumstances after the crime, the punishment as ordered shall be determined.