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.

Criminal facts

Defendant was issued a written notice of enlistment in the name of the director of the Daejeon District Military Manpower Office to enlistment in active service at the residence of the Defendant located in the Gunsan-si B around May 8, 2018, and on July 2, 2018, to the 22nd group located in the territory of the Gosung-gun in Gangwon-do, Gangwon-do, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the accuser C;

1. Application of Acts and subordinate statutes to enlistment in active duty service, receipt of enlistment notice, and military register inquiry;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (The circumstances favorable to the defendant, such as the fact that the defendant has committed a crime in this case, which reflects in depth the wrongness while leading to the confession of the crime in this case, that the defendant has evaded enlistment because his economic situation and health status are not very good, and that the defendant has completed as soon as possible medical treatment and is going