A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 6, 2013, the defendant was sentenced to imprisonment with prison labor for special larceny in the Incheon District Court for six months, and the decision became final and conclusive on the 14th of the same month.

On December 13, 2012, the Defendant, as a person subject to enlistment in active duty service, received a written notice of enlistment in the name of the director of the Gyeongnam Regional Military Manpower Office in the 250,13 Gyeongnam Regional Military Manpower Office located in the counter of Changwon-si on January 15, 2013, to enlist in the 39 company group located in the counter counter of Changwon-si, Changwon-si.

Nevertheless, the defendant did not enlist in the military without justifiable reasons until January 18, 2013, for which three days have passed from the date of enlistment.

As a result, the Defendant received the enlistment notice as a person subject to enlistment in active service, but did not enlist without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation of the director of the regional military manpower office south;

1. Certificate of receipt of the enlistment notice;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on attachment of judgment on criminal records) and statutes;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that he/she has no past history of the same kind and is engaged in military service in good faith);