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

Although the Defendant received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration in the Gyeonggi-do District Office, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds, while he received a notice of enlistment in active duty service under the name of the head of the 28th military manpower training center located in the field of Pakistan-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, military register inquiry, and receipt certificate of enlistment notice;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is based on personal circumstances that the defendant fails to comply with the notice of enlistment in active service, and if such notice is given again during the instant trial, it is not possible to repeat the crime.

In light of all kinds of sentencing factors, such as the fact that the defendant seems to have no special criminal record, the defendant is the first offender without a special criminal record, it is decided as ordered