A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

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

On November 18, 2014, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlistment in the third 306 supplementary units located at the time of the Government on December 23, 2014 from his own house located in Sirisi B and 202, and did not enlist until December 26, 2014, which is three days after the date of enlistment.

Accordingly, even after receiving a notice of enlistment in active duty service, the defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The filing of an accusation, military register inquiry, results of the delivery of a written notice of enlistment in active duty service, signature of suspects themselves, and application of statutes of notice of enlistment;

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, even though the Defendant evaded enlistment and was subject to a disposition of suspension of indictment on September 2014, the Defendant again committed the instant crime; however, the Defendant appears to have avoided enlistment for the purpose of supporting his family; the Defendant faithfully performed military service; the Defendant did not have any criminal record exceeding the same kind and fine; the Defendant’s family situation and other conditions of sentencing under Article 51 of the Criminal Act are considered.