A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 26, 2012, the Defendant received a notice of enlistment in active duty service under the name of the director of the Gangwon Military Manpower Office to enlistment in the Army Training Center from the Defendant’s office located in Young-gun B of Gangwon-do to October 14:00 on October 15, 2012.

Nevertheless, on October 15, 2012, the defendant did not enlist in the military for the reason that he did not refuse to go to the military for the three days after the date of enlistment scheduled to be 14:00.

Accordingly, the defendant, who received the enlistment notice in active duty service, did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the substitute recipient of the notice;

1. A written accusation;

1. Application of Acts and subordinate statutes to a copy of the official notice of enlistment in active duty service, and a copy of the certificate of delivery of the duty imposition notice;

1. Article 88 (1) 1 of the relevant Act concerning facts constituting an offense and Article 88 (1) of the Military Service Act that selects Punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there is no past history of criminal punishment