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 became final and conclusive.

Punishment of the crime

The defendant is a person subject to active duty service.

A person who has received a written notice of enlistment in active service shall not be enlisted within three days from the date of enlistment without justifiable grounds.

Although the Defendant received a written enlistment notice on November 11, 2019 from the Eunpyeong-gu Seoul Metropolitan Government building B and C, and from December 10 of the same year to the 7th Army unit, the Defendant did not enlist until December 12, 2019, for which three days have passed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes to the list of those to be enlisted in active service, a written accusation of the defendant's legal statement, and data concerning registration delivery;

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as set forth in the instant pleadings.

Unfavorable circumstances: Crimes that evade their duty of military service, which are less severe in light of the circumstances and details of such crimes, etc.

A favorable condition: The defendant has no record of criminal punishment except juvenile protective disposition.