A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

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

Nevertheless, on January 23, 2019, the defendant should be enlisted as active duty servicemen at the 21st unit located in Yang-gu, Gangwon-do, Yang-gun on February 18, 2019.

"A soldier did not directly receive the enlistment notice in active duty service, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of statutes, such as additional enlistment notice in active duty service, progress of delivery, etc.;

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

1. Article 62 (1) of the Criminal Act (i.e., reflection of confession) ;