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

A person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on November 13, 2017, the Defendant directly received a written enlistment notice under the name of the head of the regional military affairs office, and did not, without justifiable grounds, failed to enlist until three days after the date of enlistment, in the name of the head of the regional military affairs administration, on the following grounds: (a) the Defendant was in the Defendant’s residence located in Gyeyang-si, Yangsan-si; and (b) the Defendant was in the military service in the name of the head of the regional military affairs administration of the Republic of Korea by December 26,

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of enlistment in reserve service on a full-time basis, December 2017 and application of statutes on the details of receipt of registered mail;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act Article 62 (1) of the suspended sentence is that the defendant is remarkably repented, and that the defendant will enlist in the military without any further notice of enlistment.

The sentencing conditions in the records, such as the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc. shall be comprehensively considered, and the execution of the sentence shall be suspended.