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

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

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

On August 2, 2019, at around 12:37, the Defendant received a notice of enlistment in the military service under the name of the head of the Incheon Military Manpower Branch Office to enlistment as the Army Training Center in Gyeyang-gu, Incheon and the Army Training Center until September 2, 2019 from the Defendant’s residence in Gyeyang-gu, Incheon, Incheon, and C, and did not enlist without justifiable grounds by not later than 3 days after the date

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was enlisted in the military in 2014 and was returned to him on the grounds of mental health, and is currently receiving medical treatment after being diagnosed as a depression and a bipolartic disorder.

The defendant tried to postpone enlistment on the ground of the above symptoms, but failed to file an application for postponement in the timely manner, resulting in the instant crime.

The defendant stated that he will be enlisted in the future and will be in military service, and the defendant has no criminal record of the same kind of imprisonment or a suspended sentence of imprisonment.

In full view of the above circumstances, the punishment as ordered shall be determined as above.