A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On October 12, 2017, the Defendant received a notice of enlistment in active duty service under the name of the director of the Seoul regional military manpower office to enlistment in the 27th group located in the Seocheon-gun, Gangwon-do from the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government to the 27th group located in the Seocheon-gun, Gangwon-do from October 24, 2017, but failed to enlist without justifiable grounds by the date three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

2. C's certificate;

3. Application of Acts and subordinate statutes to notify those in active duty service;

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

2. Article 62 (1) of the Criminal Act;

3. The fact that a defendant for the reason of sentencing under Article 62-2 of the Probation Criminal Act has mistakenly recognized his intention to discharge his duty of military service, and all the circumstances, including the criminal records of the defendant, etc.