A defendant shall be punished by imprisonment for one year.

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

A person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on July 29, 2016, the Defendant received a notice of enlistment in active duty service under the name of the head of the Busan Regional Military Affairs Administration to enter the Defendant’s house located in Busan Dong-gu C and 408, from September 20, 2016 to September 14:00 in Yangju-si, as well as from September 23, 2016 to September 26, 2016, through the Defendant’s mother D. However, the Defendant failed to enlist without justifiable grounds until September 23, 2016 after three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Notice of enlistment in active duty service, list of eligible persons, list of eligible persons, notice of enlistment in active duty service, - Application of statutes governing progress of dispatch;

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

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is to be determined as ordered in consideration of the nature of the crime in this case, the fact that the defendant faithfully serves while against the crime, the circumstances leading up to the crime, the age, character and conduct, environment, etc.