A defendant shall be punished by imprisonment for one year.

However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, on March 2, 2018, received directly a notice of enlistment in active duty service under the name of the head of the Incheon Military Branch Office, to the effect that “be enlisted as an association of up to 14:00 on April 2, 2018” from a member B apartment in the Gyeonggi-si, Gyeonggi-si, and the Defendant’s house located in the 108 Dong 603, the Defendant 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 governing a written accusation, notification of additional enlistment in active duty service, and receipt of written notice;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On January 13, 2016, the reason for sentencing under Article 62-2 of the Social Services Criminal Act is that the defendant was sentenced to imprisonment for six months with labor for violating the Military Service Act and for one year of suspended execution (at the time, the defendant was sentenced to imprisonment with labor and enlistment, and such punishment was sentenced accordingly) and the defendant did not enlist in the military without good cause within three days from the date of enlistment, and thus, a strict punishment is required.

However, if not enlisted, the purpose of punishing the violation of the Military Service Act is to enforce the national defense duty.

The defendant will enlist in the military against his will.

There are many things.

Therefore, the defendant shall be given more opportunities than once to determine the sentence as ordered.