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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 9, 2019, the Defendant, a person subject to enlistment in active duty service, received a written notice of enlistment in active duty service from the mother C who received the written notice of enlistment in active duty service from the Defendant’s house located in the second floor in the Singu, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do on January 22, 2019, and transmitted the written notice of enlistment in active duty service under the name of the director of the regional military manpower office of Gyeong-do on January 10, 2019 through his cell phone D on January 10, 2019.

Nevertheless, without justifiable grounds, the defendant did not enlist in the military even three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a written statement prepared by the accuser C;

1. Notice of enlistment in active duty service and details of delivery by post offices;

1. Application of Acts and subordinate statutes to each investigation report ( listening to the call statement at home and the enlistment notice, and attaching DNA photographs);

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

1. In light of the fact that a person evades enlistment without any special reason for sentencing under Article 62 (1) of the Criminal Act, the fact that a person has no record of being punished, etc.