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.

Punishment of the crime

Although the Defendant received a notice of enlistment in active duty service under the name of the head of the Gangwon Military Manpower Office in the name of the householder C to enlistment in the military at the office of the Defendant located in Young-gun, Gangwon-do, around October 17, 2012, and on November 6, 2012, the Defendant failed to enlistment without justifiable grounds until the third day from the date of enlistment, even though he received a notice of enlistment in the military service under the name of the head of the household C.

Accordingly, the defendant, who received a written notice of enlistment in active duty service, did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a copy of a delivery certificate of the notification of obligation for active duty service, and a written statement by an agent recipient;

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 Decisions 2009Do1348