A defendant shall be punished by imprisonment for one year.

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

As a person subject to enlistment in active duty service, the Defendant directly received a written notice of enlistment in active duty service from the office of Gwangjunam regional military manpower office and the office of the 31st Army up to July 17, 2018, the Defendant did not enlist within three days from the date of enlistment, without justifiable grounds, even though he received the notice of enlistment in active duty service in the Dong-gu Seoul Special Metropolitan City, 119-gil, Dong-gu, Gwangju Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes governing a written accusation and a written notice of enlistment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant did not enlist in active duty service without justifiable grounds even after being notified of enlistment in active duty service. In light of the meaning that performance of military service has taken place in our society, the responsibility for such crime is not weak.

However, in full view of all the sentencing factors indicated in the record, including the fact that the defendant is the first offender, the confession and reflects the crime of this case, and the three children and wife should be supported, the same sentence as the order shall be determined.