The defendant is a person in active duty service.

On July 6, 2017, the Defendant: (a) received a notice of enlistment in active service under the name of the head of the Military Affairs Administration in the name of the North Korean regional military manpower administration, to enlistment in the Army Training Center until August 7, 2017, from the Defendant’s residence located in Pakistan on July 6, 2017; and (b) did not enlist until August 10, 2017 after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to the notice of enlistment in active duty service, adjustment of the date of enlistment in active duty service, and copy of receipt;

1. The grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts are that the Defendant recognized the instant crime and repeatedly committed the instant crime in favor of the Defendant, given the favorable circumstances to the Defendant, and the fact that the Defendant committed the instant crime during the period during which the instant crime was suspended due to the same kind of crime, etc. In addition, the Defendant’s age, sex, family relation, motive and circumstance of the crime, and the circumstances after the crime, etc. shall be comprehensively taken into account, and the punishment is determined as set forth in the Disposition.