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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Although the Defendant directly received a written notice of enlistment in the name of the head of Incheon Military Manpower Branch Office that he is subject to enlistment in active duty service on April 1, 2019, and that “be enlisted in the 17 group located in Bupyeong-gu Incheon Metropolitan Government on April 29, 2019,” the Defendant did not enlist in the designated place without justifiable grounds from April 29, 2019 to the expiration of three days from April 29, 2019.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes concerning enlistment notice and progress of delivery;
1. Article 88 (1) 1 of the relevant Act on criminal facts;
1. Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (the defendant asserts to the effect that he was unable to enlist on the date of enlistment because he was unable to do so, and that there was justifiable reason to refuse enlistment, and that he was not aware that he was to be enlisted when the cause difficult to enlist is resolved. The defendant found the hospital on the day of enlistment on the day of enlistment and received the diagnosis as acutely above infection. However, the defendant's judgment on the reason of sentencing is determined by taking account of the following factors: (a) the defendant, who was diagnosed by the defendant, was not in need of isolation treatment; (b) the defendant was not in a serious state to the point that his state on the day of enlistment was difficult; (c) the defendant did not undergo enlistment even during the suspension of execution period; (d) favorable sentencing factors such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime; and (d) other favorable sentencing factors such as the defendant's age, character, motive, motive and circumstance of the crime after the crime.