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

Upon receipt of a notice of enlistment in active duty service, the defendant shall enlist in the military within three days from the date of enlistment.

Even though the Defendant received a notice of enlistment in the name of the director of the Seoul Regional Military Manpower Office to enlist in the army training center located in the Chungcheongnam-gu Seoul Special Metropolitan City, Nowon-gu, from September 6, 2018 to October 14:00, 2018, the Defendant failed to enlist in the army by not later than three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations which is an accusation);

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

1. The sentence shall be determined like the order, taking into consideration the following factors: (a) the defendant's reason for sentencing under Article 62(1) of the Criminal Act reflects his mistake; (b) the defendant is deemed to faithfully perform his duty of military service; and (c) the first offender.