A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

No person who has received a notice of enlistment in active duty service shall enlist before the lapse of three days from the date of enlistment without justifiable grounds.

around 12:30 on March 19, 2010, the Defendant was sent a written notice of enlistment in the military service under the name of the director of the Daegu North Korean Military Manpower Office to enlist in the military service at the seat of the Defendant located in Mapo-gu Seoul Metropolitan Government on April 6, 2010, and to the 306 supplementary military service located in Yongsan-dong on April 6, 2010, and on the ground that the Defendant’s family situation is difficult, the Defendant did not enlist in the above 306 supplementary military service until April 10, 2010, which was 3 days after the date of enlistment.

Accordingly, even after receiving a notice of enlistment in active duty service, the defendant did not enlist before the lapse of three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Whether to set the sentencing criteria:negative.

3. Determination of sentence: Imprisonment with prison labor for one year and two years under a suspended sentence, consideration shall include the circumstances in which the defendant committed the instant crime (finite family conditions, such as the mother's illness and the death of his father), the defendant repents wrongs in this court and expresses his will to enlist in the army, and the defendant and defense counsel agree with regard to the sentence of life by a prosecutor (one year of imprisonment and two years of a suspended sentence).