A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of 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. On August 6, 2015, the Defendant directly received a written notice of enlistment under the name of the head of the Seoul Regional Military Affairs Administration and did not enlist in the military on September 22, 2015, to be enlisted with five associations located in Gyeonggi-do, Gyeongcheon-ro 5 in the case of Gyeonggi-do liquidation on September 22, 2015 at around 09:28, Gangnam-gu, Seoul, Seoul, and 201 Dong 710.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to the details of notification of enlistment in active duty service (reserve service) and notification of enlistment;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. On April 29, 2015, on the grounds of sentencing under Article 62(1) of the Criminal Act, when considering the fact that the defendant was sentenced to a suspended sentence of eight months for a violation of the Military Service Act on April 29, 2015, and committed the instant crime during the grace period, he/she shall be punished strictly by the defendant. However, on the other hand, considering the fact that the defendant commits the instant crime against his/her wrongness and enlisted in the army through a prison life during the two-month period, the defendant’s young age and living relationship, etc.,