A defendant shall be punished by imprisonment with prison labor for not more than ten 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

A person who has received a written notice of enlistment in active duty service shall not enlist within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant received a written notice of enlistment in active duty service from D, an employee in charge of the personnel management of C Co., Ltd. working for the Defendant at the construction site located in the Si of Gunsan on May 20, 2017, from D around June 12, 2017, to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and failed to enlist without justifiable grounds by the date three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a written accusation, written statement of accusation, delegation letter, written confirmation of evasion of enlistment, receipt of written notice, and written delivery of notice;

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 of the suspended sentence appears to have been erroneous by the defendant is a favorable condition, but it appears that the defendant was missing for a long time after he was enlisted in active duty service, and that he could evade enlistment.

The punishment as ordered shall be determined in consideration of such circumstances as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.