A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On October 17, 2013, the Defendant enlisted in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-si, 76, the Gyeonggi-do Government of the Gyeonggi-si, the Military Manpower Administration, from November 18, 2013 to November 14:00, 2013.

‘A notice of enlistment in active duty service in the name of the head of the Gyeonggi-do Military Manpower Branch Office, but did not enlist without justifiable grounds by the date three days have elapsed from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of the Acts and subordinate statutes on the written accusation;

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

2. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant, while recognizing the facts charged, complaining of the Defendant having difficulty in group life due to emotional problems, there has been no history of criminal punishment so far, it is reasonable to give the Defendant an opportunity to fulfill his duty of military service once again, and the sentencing data revealed in the pleadings, such as the character, conduct, age, and environment of the Defendant.