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

The Defendant is a person in active duty service.

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment in the military without justifiable grounds.

On September 15, 2010, the Defendant was electronically served with the notice of enlistment in active duty service at the PC room located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, as of November 306, 2010, but did not enlist at the e-mail address designated by the Defendant for three days after the lapse of three days without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the accuser C;

1. A written accusation;

1. Application of the Acts and subordinate statutes to the notification of enlistment in active duty service, the list of those to be enlisted in active duty service, and the output of the E-Mail notified and managed screen;

1. Article 88(1)1 of the former Military Service Act (Amended by Act No. 12560, May 9, 2014) on criminal facts

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant intentionally evaded enlistment, is recognized as having intentionally evaded enlistment, the defendant shall be sentenced to punishment as ordered by taking into account various sentencing conditions, such as the age, character, conduct and family relationship of the defendant, such as the defendant's age, character and conduct, and family relationship.