A defendant shall be punished by imprisonment for not less than eight 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

Any person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, and shall not enlist without any justifiable reason.

The Defendant, as a person liable for military service on January 8, 2019, received a notice of enlistment in the army training center (28g group) in the name of the director of the Gyeongnam Military Manpower Office, which is the content that he will enlist in active duty service from January 29, 2019 to February 1, 2019, in the military training center (28g group) located in Sungwon-gu, Sungwon-si, Sungwon-si, Changwon-si, Chungcheongnam-do on January 8, 2019. However, the Defendant failed to enlist in the above training center without justifiable grounds from January 29, 2019, which was the date of enlistment until February 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes concerning enlistment notice in active duty service and progress of postal delivery;

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

1. Considering the importance of the duty of military service for sentencing under Article 62(1) of the Criminal Act, the liability for the crime of this case, which was not enlisted without any justifiable reason, shall not be mitigated even after being notified of enlistment in active service.

However, the defendant recognized the crime of this case and the responsibility for it, and he will faithfully perform his duties in the future.

There is no record of criminal punishment for the same crime.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the defendant's age, character and conduct, the details and circumstances of the crime in this case, and the circumstances after the crime.