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

A defendant shall be subject to enlistment in active service and a person who has received a notice of enlistment in the military within three days from the date of enlistment.

Nevertheless, the Defendant, on July 2, 2019, received the notice of enlistment in the name of the head of the Incheon Military Manpower Branch Office in the name of the Incheon Military Manpower Branch Office on May 31, 2019, to enlistment in the three groups located in the Seowon-gun, Gangwon-do. However, the Defendant did not enlist by the date on which three days elapsed from the date of enlistment without justifiable grounds, even though he received the notice of enlistment in the name

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the Defendant was enlisted in the military from 2012 to 2018, and was returned to the military for health reasons at least five times, and the Defendant was trying to postpone enlistment on the ground of disease, etc. but failed to timely file an application for postponement, thereby resulting in the instant crime.

There are circumstances to be considered in the background, and the defendant is the first offender.

In full view of the above circumstances, the punishment as ordered shall be determined as above.