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 becomes final and conclusive.

Punishment of the crime

Where a person subject to enlistment in active duty service receives a written notice of enlistment, he/she shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on August 23, 2017, the Defendant received a notice of enlistment in active duty service to the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, from the Defendant’s e-mail (B), and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, a written notice of enlistment of a final person selected at the Army Technical Service Corps at the seventh year, and an e-mail notice of enlistment in recruitment service;

1. Article 88 (1) 1 of the Military Service Act applicable to criminal facts;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( considered favorable circumstances, such as the fact that the defendant is able to enlist in the military in reflecting his wrong and that the defendant is receiving medical treatment due to depression and uneasiness);