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

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

Punishment of the crime

A defendant, who is a person subject to enlistment in active duty service on February 2, 2012, was issued a notice of enlistment in the name of the director of the regional military manpower office of Gwangju Metropolitan City, to enlistment in active duty service on February 14, 2012 at the 31st group located in Yadong-dong, Gwangju Metropolitan City on February 14, 2012, but did not enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Certificate of receipt of the enlistment notice;

1. Application of statutes governing the challenge of enlistment in active duty service;

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 (the favorable circumstances among the reasons for sentencing following the suspended sentence) is that the defendant recognized his mistake and took the enlistment, and that the defendant has no record of being punished exceeding the fine, etc. are favorable to the defendant.

In addition, various circumstances, such as the age, character and conduct, family environment, motive and means of a crime, and circumstances after a crime, etc., which are the conditions for sentencing specified in the pleadings of this case, shall be equally considered and sentenced to the same sentence as the disposition.