A defendant shall be punished by imprisonment for not less than eight 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

Upon receipt of a written notice of enlistment, the defendant shall enlist in the military within three days from the date of enlistment.

Nevertheless, on December 16, 2013, the Minister of Land, Infrastructure and Transport directly received a written notice of enlistment in active duty service under the name of the director of the regional military manpower office in Gwangju Metropolitan City, to enlistment in the Army Training Center as of January 13, 2014 in the Gwangju Metropolitan City, the Dong-gu Seoul Metropolitan City Gyeyang-ro 119-gil, and did not enlistment for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation, the director of the regional military manpower office, and the accuser’s statement;

1. Application of Acts and subordinate statutes to the receipt of enlistment notice, and the enlistment notice list;

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

1. It shall be decided as ordered for the reason that the suspended execution is more than Article 62 (1) of the Criminal Act (such as the absence of criminal records subject to more severe punishment than a fine, and the failure to faithfully comply with future convocation);