A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 27, 2019, the defendant, who was a person subject to enlistment in active duty service, was at his home located in the Busan East-gu B and the fourth floor in Busan-gu, Chungcheongnam-do on September 30, 2019, and the defendant was to enlist in the enlistment examination team in the Army Training Center located in the Gyeonggi-gu, Busan-do, Chungcheongnam-do, Busan-do, and was notified of enlistment in active duty service under the name of the director of the Busan regional military manpower office, but did not enter the military without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge, a written accusation, a written statement of accusation, a mark of enlistment in active duty service, a delivery certificate, or a postal item distribution certificate;

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act include: (a) the fact that the defendant is able to enlist in the military in a profound manner against his mistake; (b) the fact that there is no criminal record exceeding the fine; and (c) the defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (d) the circumstances after the crime, etc., the punishment