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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 became final and conclusive.
Reasons
Punishment of the crime
The defendant is subject to separate enlistment in active duty service.
The Defendant, at the Defendant’s residence located in Jinju-si B around June 25, 2019, failed to enlist without justifiable grounds until July 25, 2019, when he directly received a notice of enlistment in the military training center in the name of the director of the regional military manpower office of Gyeong-nam-si, 519 as of July 22, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to the accusation commander, a written accusation filed against a person who violates the Military Service Act, a copy of the draft notice of enlistment of a person subject to enlistment in active duty service, a list of notification of enlistment in active duty service, and
1. Article 88 (1) 1 of the Military Service Act applicable to criminal facts: Article 88 (1) 1 of the same Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (i.e., confession, details of crime, the environment of the defendant, etc.);