A defendant shall be punished by imprisonment for six months.

However, 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 subject to active duty service.

On January 31, 2018, the Defendant directly received a written notice of enlistment in the active duty service under the name of the head of the Daegu-do Military Affairs Administration and did not enlist within three days from the date of enlistment designated without justifiable grounds, to enter the military service in Daegu-gu District Military Manpower Administration and from March 6, 2018 to March 14 and 00 to 23 associations located in Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Receipt of the enlistment in active duty service, notification of enlistment in active duty service, and cooperation in enlistment of persons who delayed enlistment;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant was punished for the same crime is disadvantageous.

However, the fact that the defendant all recognizes and reflects the crime, and at this time, he will go to the armed forces.

Considering the fact that it is hard to say, it is judged that there is no need for the defendant to be enlisted in active duty service and to engage in active duty service.

In full view of the above points, the sentencing conditions indicated in the instant arguments and records, such as the Defendant’s age and family relations, etc., the sentence is determined as per the disposition, and where the address that can receive the enlistment notice is changed, the protective observation officer should submit to the competent Military Manpower Administration a “documents evidencing the receipt of the report on the change of the place of service of the enlistment notice” within two weeks thereafter.