A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant shall, upon receipt of a written notice of enlistment in active duty service, enlist in the military within three days from the date of enlistment.

Nevertheless, on May 2, 2018, the Defendant received the notice of enlistment in active duty service under the name of the head of the Daejeon District Military Affairs Administration, to enlist in the 37 association new soldiers training unit located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do on May 8, 2018, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Notification of enlistment in full-time reserve service;

1. Receipt of the enlistment notice;

1. Application of Acts and subordinate statutes regarding military register;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, has committed this case’s crime even though he had extended the date of enlistment for a considerable period of time. The Defendant has a history of criminal punishment in the past.

However, due to the difficult home circumstances of the defendant, it seems that the crime was committed, and the mistake is recognized, and in the future, it will be faithfully performed without evading military service obligations.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings, such as the fact that the defendant is in the same place, and the age, sex, environment, etc. of the defendant.