A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person in active duty service.

On December 19, 2019, the Defendant received a notice of enlistment in the military service under the name of the head of the Incheon Military Branch Office, which was to enlistment in the active service division of 76 Incheon Military Affairs Branch Office on January 6, 2020, from the Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Incheon District Office of Military Affairs on December 19, 201, but did not enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a notice of enlistment in active duty service, certificate of receipt of enlistment, and progress of delivery;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the background leading up to the Defendant to commit a crime; and (b) the overall circumstances leading to the conditions for sentencing, including the Defendant’s age, criminal records, environment, and circumstances after committing a crime