A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person subject to enlistment in active service.

No person who has received a notice of enlistment in active duty service or of call-up shall refuse to enlist or respond to a call-up within three days from the date of enlistment or call-up without justifiable grounds.

Nevertheless, on December 30, 2019, the defendant was enlisted in the military as of January 6, 2020 at the dwelling of the defendant in the case of Pakistan B and C, and as of January 9, 2020.

'A notice of enlistment in the name of the Gyeonggi Northern Military Affairs Administration was received from Dong N and did not enlist within three days from the date of call without justifiable grounds, although the notice was received from Dong D.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. To notify the enlistment of persons subject to separate full time reserve service, to those subject to notification, the status of notification, resident registration record and abstract statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Application of the sentencing criteria: Whether the sentencing criteria are not set;

3. The sentence of sentence is a statement that the defendant recognized all the facts charged and faithfully executes military service, the previous and the sentence is not imposed, taking into account the defendant's age, character and conduct, environment, family relation, means and result of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered, in light of all the sentencing conditions as shown in the arguments of this case.