A defendant shall be punished by imprisonment with prison labor for up to six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The Defendant was subject to enlistment in active duty service on August 14, 2019, and the written notice of enlistment issued under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the 15 Sacheon-gun, Gangwon-do on September 16, 2019 at the Seoul Regional Military Manpower Office located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul on August 14, 2019, but did not enlist until September 19, 2019, for which three days have passed from the convocation date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing a written accusation and a written notice of enlistment;

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 (Consideration of the fact that the defendant has expressed his will to serve in the military in response to the crime in this case);