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

The Defendant is a person in active duty service.

No person who has received a written notice of enlistment in active duty service shall be allowed to not enlist within three days from the date of enlistment without justifiable grounds.

Nevertheless, on December 19, 2016, the Defendant received a notice of enlistment in active duty service under the name of the head of the Daejeon District Military Affairs Administration, stating that he will enlist in accordance with the eight association new illness training from the time of Seocheon-si moving from January 31, 2017 to January 14:00, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds, even though he received a notice of enlistment under the name of the head of the Daejeon District Military Affairs Administration.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation of E;

1. The application of Acts and subordinate statutes to a notice of additional enlistment in active duty service, a receipt of a notice of enlistment, military register inquiry, and investigation report (record 41 pages or less);

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that the defendant shows the attitude of recognizing and opposing the crime, and that it is necessary to give an opportunity to enlist again because he/she has faithfully performed military service in the future);