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

However, the execution of the above sentence shall be suspended for a period of 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 be enlisted within three days from the date of enlistment without justifiable grounds.

Nevertheless, on December 13, 2017, the Defendant did not enlist in the military without justifiable grounds, even though he received a written notice to have been admitted to the Ulsan-gun Seoul-gun Apartment Complex 101 Dong 106 to January 23, 2018, as stated in the Busan-do Maritime Transportation Daegu District of Busan, by December 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of enlistment notice and e-mail perusal;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the primary criminal of the defendant for the suspended sentence, and the defendant will be remarkably repented after committing the crime, and the enlistment will always be enlisted when the notice of enlistment is given.

The sentencing conditions in the records, such as the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc. shall be comprehensively considered, and the execution of the sentence shall be suspended.