A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

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

On August 31, 2017, the Defendant did not directly receive the notice of enlistment in active duty service in the name of the head of the Incheon Regional Military Affairs Branch Office, which was located in the Nam-gu Incheon Metropolitan City Nowon-gu, Incheon, on October 10, 2017, from the 23 association located in Samcheon-si, Gangwon-do, to enlistment in active duty service, but did not enter the military by not later than three days after the date of call without justifiable grounds, notwithstanding the direct receipt of the notice.

Accordingly, the defendant evaded enlistment in active duty service without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning a written accusation by the head of the Incheon Military Affairs Branch Office;

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 on the suspension of execution of the duty of military service is an essential duty to maintain the existence and security of the Republic of Korea, and ultimately, to ensure the dignity and value of all citizens as human beings, and there is a need for strict punishment for a crime of violating the Military Service Act that evaded the duty of military service.

The defendant, in the police investigation, received the enlistment notice directly, but later, failed to enlist at the wind.

Since the duty of military service is not fulfilled without any justifiable reason, such as statement, etc., the possibility of criticism against the crime cannot be considered to be less light.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

The defendant has yet to be aged and has no record of criminal punishment before the crime of this case is committed.

The defendant seems to have grow up under the care of the father and the mother without examining the adoptive parent's care, and it seems that he was partly responsible for the livelihood of the father and the mother even after his adult age.

The defendant's mother shall be the defendant.