A person who has received a written notice of enlistment in active duty service shall enlist in a training center designated by the time three days have elapsed from the enlistment or call.

The Defendant, even though having received a notice of enlistment in the name of the director of the Incheon Gyeonggi-si regional military manpower office in the name of the Incheon Gyeonggi-do military manpower office to enlistment in the nine company located in Ansan-gu, Seoul-si, on March 26, 2015 at his house located in the Dong-gu, Ansan-si on May 4, 2015, which was a person subject to enlistment in active duty service, failed to enlist without justifiable grounds until May 7, 2015, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by the regional military manpower office of Incheon Games;

1. Notice of enlistment in active duty service and report of registered mail;

1. Application of Acts and subordinate statutes of military register inquiry;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is the defendant's refusal to enlist in the military according to a religious belief; the alternative military service system to relieve a person who refuses enlistment according to a religious faith has not been established; according to Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for at least one year and six months is subject to enlistment in the second citizen service; thus, if the defendant is sentenced to a lower sentence, the defendant is likely to be punished again for refusal to enlistment; the defendant's age, character and behavior, academic background, environment, family relationship, circumstances leading to the instant crime; and circumstances after the instant crime, etc., the sentence shall be determined as ordered by the disposition, in consideration of the defendant's age, character and behavior, background leading to the instant crime; and thus, the defendant