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 became final and conclusive.

Punishment of the crime

The defendant, as a person subject to enlistment in active duty service, was at the defendant's residence located in Ulsan-gu, Busan-gu, on July 15, 2019 and up to August 19, 2019, "be enlisted in the Yusung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun's Gosung-gun's military training team (22g group)" did not enter the military

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Written accusation of the director of the Busan regional military manpower office;

1. Each report on investigation;

1. Each copy of a notice of enlistment in active duty service and of the result of physical examination for conscription;

1. Application of the Acts and subordinate statutes to the details of notice delivery, and copies of text messages by the accused;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as “the grounds for sentencing favorable to the defendant”), is not enlisted in the military for three days after the date of enlistment without justifiable grounds even though the defendant, who is a person subject to enlistment in the active duty service, has received the written enlistment notice through his mother, and without justifiable grounds. In light of the fact that such crime is not good, the State’s security under the Constitution, the new duty to defend national land, and the importance of the duty of national defense given to the citizen, it is necessary to strictly punish the act of non-performance of the duty of national defense, such as this case, which is disadvantageous to the defendant, and the possibility of criticism is not small, and the defendant appears to have committed the crime against the defendant, such as school violence, etc. from the academic era to the point of view of sociality, evasion of personal relations, etc., and even after being adults, it is considered that he cannot be able to bear the duty of military service for himself.