A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

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

Nevertheless, even though the Defendant received a written notice of enlistment in active service from C, his mother, at the Defendant’s residence located in Mapo-si, Nam-gu, Mapo-si, on October 31, 2016, the Defendant failed to enlist without justifiable grounds by December 12, 2016, which was the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's certificate;

1. Notification of enlistment in full-time reserve service or application of Acts and subordinate statutes on the progress of delivery in December;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (in case of the enlistment in the military after the correction of errors), he will always enlist in the military;

(2) The following facts: (a) the fact that there is no criminal history exceeding the fine; and