A defendant shall be punished by imprisonment for not less than eight 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

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

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

Nevertheless, on September 1, 2018, the defendant received a written enlistment notice under the name of the director of the Busan regional military manpower office to enlist in the 53 team located in the Busan regional military manpower office on October 2, 2018 from the domicile of the defendant in the Busan Gun B building and the defendant in subparagraph C, and failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation and notice of enlistment in active duty service;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration to the motive and background of a crime, and the fact that the defendant enters the military and fulfill his duty of military service);