A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a person subject to active duty service.

Although the Defendant directly received a written notice of enlistment in active duty service in the name of the head of the regional military affairs administration of Gwangju, which was to be enlisted from the Defendant’s office located in Ycheon-si around March 11, 201 to 306, on April 12, 2011, the Defendant failed to enlist, without justifiable grounds, by not later than three days after the date of enlistment.

Summary of Evidence

Article 88(1)1 of the Act on the Suspension of Execution under Article 88(1)1 of the Military Service Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Article 88(1)); Article 62(1) of the Act on the Punishment, etc. of Suspension of Execution under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2009Do1488