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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Upon receipt of a notice of enlistment in active duty service, the defendant shall enlist in the military within three days from the date of enlistment.
The Defendant, around September 7, 2018, received a notice of enlistment in active duty service at the office of the Seoul regional military manpower office of Yeongdeungpo-gu, Seoul regional military manpower office, 13-gil 43,00, and by October 16, 2018, to enlistment in the office of the Gyeonggi-do military manpower office from October 16, 2018, according to the five group of military officers in the case of the liquidation of Gyeonggi-do, but did not enlist until three days after the date of enlistment,
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a written accusation, written accusation, each official document, and receipt of the notice for enlistment in active duty service;
1. Article 88 (1) 1 of the relevant Act on criminal facts;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, a sentence like the order shall be imposed in full taking into account all the circumstances constituting the sentencing conditions indicated in the records of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the
The crime of this case was committed in an unfavorable circumstance: The crime of this case was avoided the duty of military service without any justifiable reason, and the nature of the crime is not weak, the circumstances favorable to the failure of a trial for a considerable period of time are recognized and considered in depth, the defendant seems to be willing to faithfully perform his duty of military service in the future, and the circumstances leading to the crime of this case, such as the defendant's health status, are somewhat considered.