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 in active duty service.

On May 8, 2019, the Defendant directly received a notice of enlistment in the name of the director of the Daegu-gu regional military manpower office to enlistment in the 50 company group from June 25, 2019 to June 14:00, at the Defendant’s residence located in Daegu-gu Dong-gu, Daegu-gu, Daegu-gu, and did not enlist within three days from the date of enlistment without justifiable grounds.

Accordingly, even though the defendant received a notice of enlistment in active duty service, he did not enlist within three days without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of any offender of the Military Service Act, and application of Acts and subordinate statutes governing receipt of a written enlistment notice;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is guilty of a crime, commits a mistake, and fulfills his duty of military service.

In addition, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as per Disposition, taking into consideration equally.