A defendant shall be punished by imprisonment for six months.

except that 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

A defendant who is a person subject to enlistment in active duty service and has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

On October 16, 2018, the Defendant received a notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the Army Training Center in the city of Seosan on November 12, 2018, from the Defendant’s residence located in the Seoul Special Metropolitan City Gwangjin-gu building C, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Written statements of D;

1. Application of Acts and subordinate statutes to accusation, notification of persons to be enlisted in active duty service, progress of delivery, and copy of notice of enlistment in active duty

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the primary offender who has no record of being punished, and in particular, the sentencing conditions under Article 51 of the Criminal Act, which are set forth in the records and arguments of this case, such as the health status of the defendant, shall be determined by taking into account the following factors: