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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Any person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.
Nevertheless, the Defendant, at around 11:53 on July 12, 2019, received a notice of enlistment in active duty service from the director of the regional military manpower office in the area of the Defendant’s residence, to the Army Training Center located in the territory of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, from August 12, 2019, and did not enlist without justifiable grounds until three days after the date of enlistment.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Written accusation of the director of the regional military manpower office south;
1. A copy of the notice of enlistment in active service;
1. Application of Acts and subordinate statutes to a copy of a registration statement of enlistment in active duty service or inquiry;
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 Criminal Act is not likely to be committed since the defendant was notified of enlistment but failed to enlist without justifiable grounds.
The defendant recognizes his own crime.
The defendant shows his will to be admitted.
The defendant has no record of punishment heavier than a fine or of punishment for the same kind of crime.
In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.