A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On February 26, 2018, the Defendant received a notice to enlist in 22 association from Busan City C, 506, 303 to May 28, 2018, and 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. A written assistance in active service;

1. (Application of Acts and subordinate statutes to a notice of entry into the Army;

1. The main sentence of Article 88 (1) 1 of the Military Service Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant had the ability to fulfill his duty of military service by recognizing his responsibility for the instant crime, the primary offender, the Defendant’s failure to faithfully engage in the instant trial without justifiable grounds, and the Defendant’s age, environment, motive leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions specified in the records and arguments, shall be determined by comprehensively taking account of various circumstances, including the following: