A defendant shall be punished by imprisonment for not less than eight 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, at around 10:05 on March 28, 2016, received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of Jeju-si to enlistment in the Army Training Center located in the Bupyeong-gu, Incheon-gu, 103 Dong 1004 on April 18, 2016 from the Defendant’s house located in the Bupyeong-gu, Incheon, Bupyeong-gu, 103 Dong 1004, but did not directly enlist without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes to the notification of additional enlistment in active duty service, list of persons notified of enlistment in active duty service, and data concerning progress of delivery;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be taken into consideration that he will faithfully perform military service after enlistment in the future);