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 became final and conclusive.

Punishment of the crime

The defendant is a person in active duty service.

On August 24, 2016, the Defendant directly received a written notice of enlistment in the name of the head of the Military Affairs Administration of Daegu-do, to enlistment in the Army Training Center located in Busan-si on September 5, 2016 at the Defendant’s residence located in Seoul-si B and 201 on August 24, 2016, but failed to 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. The application of statutes on taxation information for the notice of enlistment in active duty service, cooperation in enlistment of persons who have delayed enlistment, and delivery of postal items;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: Consideration of various factors for sentencing indicated in the record, such as Defendant’s age, sexual behavior, environment, and circumstances before and after crimes, other than each of the above circumstances, that there is no record of punishment exceeding the fine, and that there is no record of punishment exceeding the fine.