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 in active duty service.

A person who has received a written notice of enlistment for active duty servicemen shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant directly received a written notice of enlistment in the name of the Gangwon District Military Manpower Administration in the name of the Gangwon District Military Manpower Administration on January 31, 2017, and did not enlist within three days from the date of enlistment, to the effect that “to be enlisted as the 15 Army Association on January 31, 2017” in the CPC room located in Chuncheon City B on January 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement that is the accusation of D;

1. Application of the Acts and subordinate statutes notifying enlistment in full-time reserve service, such as a written accusation, a written notice of enlistment, a written accusation of a person evading military service;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant did not voluntarily enlist in the military without a public procedure or confirmation, and the crime’s liability is not minor in light of the circumstances leading to the instant crime.

However, considering favorable circumstances, such as the defendant's age, sex, environment, motive, means, consequence, etc., the defendant's attitude to recognize and reflect the crime of this case, it is necessary to give the defendant an opportunity to enlist in the military service in the future, and the fact that there is no past record of the same kind of crime, etc., the defendant's age, sex, environment, motive, means and consequence, etc. shall be determined as ordered by taking into account all the conditions of sentencing such as