A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

[2017 Highest 782] Defendant is subject to enlistment in active duty service.

A person subject to enlistment in active duty service who has received a written notice of enlistment shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on July 31, 2017, the Defendant received a notice of enlistment to the Army Training Center on September 4, 2017, through the mother C, in the vicinity of Daegu-gu 88, Daegu-ro 88, the Defendant did not enlist without good cause, even though he received the notice of enlistment to the Army Training Center on September 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D or C;

1. Inquiries about delivery of registered mail;

1. Application of the Acts and subordinate statutes on the closure of a message sent screen;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant visited the Military Manpower Administration after receiving a written enlistment notice through her mother, or received a guidance for the extension of the date of enlistment by telephone, and the Defendant was confirmed as a person who was not enlisted on the day of enlistment and received a guidance for the delayed enlistment.

On the other hand, the defendant recognizes the crime of this case and clearly expresses his intent to enlist, and there is no record of punishment exceeding the fine.

The trial procedure was considerably delayed because the defendant had not been absent on the trial date in the case of violence that had been dismissed.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.