A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person in active duty service.

On October 22, 2018, the Defendant issued a written notice of enlistment under the name of the head of the Incheon Military Manpower Branch Office to enlistment in the 76 Incheon Military Manpower Administration from the Nowon-gu Incheon Military Manpower Administration to November 26, 2018, and did not, without justifiable grounds, failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written accusation;

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

1. The defendant does not respond to a call-up without any justifiable reason even after receiving a notice of notification on the grounds of sentencing under Article 62(1) of the Criminal Act. The defendant is punished by a fine for failing to move-in as a person liable for military service, and the date of enlistment is postponed or adjusted on the grounds of disease, and the responsibility for the crime is heavy.

However, the court decides to suspend the execution of imprisonment by taking into account the fact that the defendant was aware of his/her criminal intent and expressed his/her will to serve in this court, and comprehensively taking into account other circumstances that appear in the records and arguments, such as the defendant's age, history, motive of the crime, and circumstances before and after the crime, the sentence shall be