A defendant shall be punished by imprisonment for six months.

However, 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

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

Nevertheless, the Defendant, at around 10:10 on July 16, 2018, sent a written notice of enlistment under the name of the director of the regional military manpower office in Busan to convene five company units located in the liquidation area of the Gyeonggi-do Macheon-gun on August 21, 2018, and to five company units located in the liquidation area of the Gyeonggi-do Macheon-gun on August 21, 2018, did not comply with the enlistment without justifiable grounds by not later than three days

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of the enlistment notice for active duty servicemen;

1. Article 88 (1) 1 of the relevant Act on 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 and reflects his mistake; (b) there is no record of punishment for the same kind of crime; and (c) the Defendant is able to faithfully respond to the enlistment notice if given in the future; and (d) other circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., as indicated in the records