A defendant shall be punished by imprisonment for not more than ten 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, as a person to be enlisted in active duty service on August 6, 2012, the Defendant’s mother at the “D” hospital located in Boan-si C, Boan-si, and the Defendant’s mother, “to be enlisted in the 306 supplementary unit from August 7, 2012,” did not, without justifiable grounds, enlist until August 10, 2012 after three days from the date of enlistment, although he was notified of enlistment by the director of the Daejeon regional military manpower office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes of domestic registration/sub-post inquiry;

1. The main sentence of Article 88 (1) of the relevant Act concerning criminal facts;

1. The duty of military service on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is the most fundamental and unnecessary obligation of all citizens for maintaining the existence and security of the Republic of Korea, and requires a strict punishment for the act of evading enlistment without justifiable grounds.

Although the defendant appears to have no obvious reason to postpone enlistment, the enlistment was postponed over 12 times, and the enlistment was not performed even though the total number of days of postponement of law has expired.

Although the circumstances do not seem to be light, the defendant's confession of all crimes in the court for the first time, there is no criminal record or fine exceeding the same kind of criminal records or fines that evaded enlistment, and the defendant's strong performance of his duty of national defense in good faith. In addition, the defendant's age, character and conduct, family relationship, motive for the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, etc., shall be determined as ordered by the order.