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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Although the Defendant received a written enlistment notice from a person to be enlisted in active duty service and failed to enlist within three days without justifiable grounds, on January 2, 2014, the Defendant issued a written enlistment notice under the name of the director of the Seoul Regional Military Manpower Office to enlistment from the Defendant’s office of the 301 Si, Bupyeong-gu, Busan, Seoul, and to the 35 company of the 35 company of the Army on February 4, 2014, but did not enlist without justifiable grounds within three days from the date of enlistment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes of accusation and postal inquiry;
1. Article 88 (1) 1 of the relevant Act on criminal facts;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da134