Although the Defendant received a written notice of enlistment from the head of the Incheon Military Affairs Branch Office without justifiable grounds that “to be enlisted in active duty service on September 25, 2017,” from the Defendant’s office of Seo-gu Incheon, Seo-gu, Incheon, and the Defendant’s office of the Defendant around September 14, 2017, the Defendant was “to be enlisted in active duty service on September 25, 2017,” the Defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Results of service by registered mail;

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

1. A favorable circumstance is that there are no criminal records other than once before and after the final fine for the reason of sentencing under Article 88(1)1 of the pertinent Act regarding criminal facts, and that there is no reason to believe that the defendant is against the defendant, and that there is no reason to take into account the motive and circumstances of the crime, not the intentional refusal of enlistment, but the failure to observe the date of enlistment in the process of maintaining livelihood and nursing for his mother-child.

However, the defendant's escape without attending the court date is an unfavorable circumstance, and on the other hand, even though the defendant is going to enlist later, considering that he was absent on the court date and escaped, the enlistment of the defendant is an inevitable measure to reduce his responsibility, and thus it cannot be easily believed.

Therefore, the defendant shall be punished by imprisonment.