A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person in active duty service.

On May 28, 2020, the Defendant directly received the notice of enlistment in active duty service in the name of the director of the Daegu High Military Manpower Office from the Daegu High Military Manpower Office from 63, and from 50:0 on June 9, 2020 to 50:0 on June 9, 2020, and did not enlist without justifiable grounds until 3 days from June 9, 2020, which is the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for the sentencing below) are as follows: (a) the defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime; and (c) the conditions for various sentencing as set forth in the arguments of this case, shall be comprehensively taken into account.

The crime of this case is a matter that the defendant did not directly receive a written notice of enlistment in active service but does not constitute a crime in light of the purpose of legislation and purpose of the Military Service Act for the purpose of ensuring the good performance and effectiveness of national security and military service, and establishing a fair order in military service.

The favorable circumstances: The defendant recognized the crime of this case and reflects it.

The defendant has faithfully fulfilled his duty of military service.

There is no criminal offense against the defendant beyond the same kind of criminal offense and probation.