A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 3, 2020, at the Incheon Military Affairs Branch Office located in Michuhol-gu Incheon Metropolitan City Nowon-ro 76, the Defendant directly received the notice of enlistment in the active duty service under the name of the head of the Incheon Military Manpower Branch Office, stating that “A person subject to enlistment in the active duty service shall be enlisted in the 51 Team at the Army on April 27, 2020.”

Nevertheless, the defendant did not enlist in the military without any justifiable reason after the lapse of three days from April 27, 2020, which was the date of enlistment.

Summary of Evidence

1. The defendant's legal statement, the written accusation, the written notice of enlistment for full time reserve and the application of the receipt of the written notice;

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

1. According to Article 62(1) of the Criminal Act, the instant crime was committed during the period of the suspended sentence for sentencing under Article 62(1) of the Criminal Act, and committed separate crimes during that period.

The enlistment was postponed to the maximum extent possible, but the enlistment was refused without submitting evidentiary materials.

However, the punishment shall be determined as ordered in consideration of the fact that he/she received a mental diagnosis and received a class 4 determination (social work personnel).