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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Although the Defendant received a notice of enlistment in the name of the head of Busan Regional Military Manpower Administration, on April 8, 2015, to the effect that “to enlist in the 53 association soldiers training unit located in the 53th unit located in the Busan Military Manpower Administration from June 2, 2015 to June 14:00, the Defendant failed to enlist without justifiable grounds by not later than three days after the date of enlistment.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The application of Acts and subordinate statutes, such as a written accusation - adjustment and notification of the date of enlistment;

1. Article 88 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a serious crime that the defendant did not enlist in the military without good cause even though he was sentenced to six months of imprisonment for the same kind of crime on November 12, 2014 and two years of suspended execution.

However, the defendant will enlist in the military against his will.

The sentence identical to the order shall be determined by comprehensively taking into account the following factors: the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime.