A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

On September 3, 2018, the Defendant directly received a written notice of enlistment in active service under the name of the director of the Seoul Regional Military Manpower Office to the effect that “to be enlisted in the army as the 21st Team at the Army on October 8, 2018 in the Defendant’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on September 3, 2018, and did not enlist until October 11, 2018, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accuser or accuser;

1. Application of Acts and subordinate statutes to output of the progress of delivery of the enlistment notice;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that there is no previous conviction of a fine or heavier,