A defendant shall be punished by imprisonment with prison labor for up to six months.

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

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

Nevertheless, the Defendant, at around 13:08 on October 28, 2019, directly received a notice of enlistment in active duty service under the name of the director of the regional military manpower office in the name of Gyeong-nam regional military manpower office to enlist in the military service around 19 November 2019 from the Defendant’s residence located in the building B, Jinju-si around 13:08, to the 36 company group located in Hongyang-ri, Hongyang-ri, 1673, and did not, without justifiable grounds,

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning enlistment notice in active duty service and progress of delivery;

1. Article 88 (1) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1));