A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for 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 July 15, 2019, the Defendant directly received a notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office on August 12, 2019, the Defendant did not enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A list of those to be enlisted in active service, and of those to be enlisted in active service;

1. Details of providing information on Internet delivery, resident registration, certified copy or abstract, and application of the B-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Probation under Article 62-2 of the Criminal Act;