The Defendant, as a person subject to enlistment in active duty service (full time reserve service), was enlisted in the military service on December 1, 2015 at the time of the Defendant’s house located in Chungcheongnam-gun, Chungcheongnamcheon-gun, Chungcheongnam-do on December 1, 2015, which was located in 37 in the Seocho-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-do on December 1, 2015.

‘A notice of enlistment in the name of the director of the regional military manpower office in Chungcheong North Korea was received.

Nevertheless, without justifiable grounds, the Defendant did not enlist in the military for more than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation prepared by C;

1. Notice of enlistment of a person subject to call-up for full-time reserve service, etc., copies of notice of enlistment for full-time reserve service, and reasons for sentencing under Article 88 (1) 1 of the Military Service Act (Article relevant to criminal facts);

1. The sentencing criteria are not prepared for crimes that determine whether to apply the sentencing criteria.

2. In addition, the Defendant had already been punished for a violation of the Military Service Act in 2013, and the Defendant again committed the same kind of crime, and on June 4, 2015, was sentenced to a suspended sentence of four months for the violation of the Military Service Act from the Youngju District Court’s Young-dong Branch, which became final and conclusive on June 12, 2015, and again committed the instant crime without being subject to a suspended sentence.

The duty of national defense as a citizen's duty under the Constitution may bring about a serious risk of harming the national security foundation, and if such duty is repeatedly violated as Defendant, it is necessary to impose strict punishment corresponding thereto.

In addition, it does not seem that the defendant has seriously reflected, such as the defendant's failure to appear on the date of the pronouncement of this case without any justifiable reason.

Considering the above unfavorable circumstances, the Defendant is bound to sentence a sentence.

However, this case's character and behavior, environment, family relationship, motive for committing a crime, circumstances after committing a crime, etc.