A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

Defendant is a person subject to full-time enlistment in reserve service.

On December 29, 2017, the Defendant received a written notice of enlistment under the name of the head of the Seoul Regional Military Affairs Administration, and did not, on January 24, 2018, not enlistment without justifiable grounds, until January 24, 2018, when three days have passed since the receipt of the written notice of enlistment under the name of the head of the Seoul Regional Military Affairs Administration.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Postal delivery status, and application of statutes governing resident registration;

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

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) the Defendant recognized the instant crime; (b) the Defendant fulfilled his duty to serve in the military; (c) the fact that there was a record of being sentenced to a fine due to the violation of the Military Service Act by failing to file a move-in report; and (d) the Defendant’s age and environment; (b) motive leading to the instant crime; and (c) the circumstances after the instant crime, etc.