On September 11, 2013, the Defendant received a notice of enlistment in the active duty service from the head of the Busan District Military Manpower Office to the Army Training Center by electronic mail on November 11 of the same year, and did not enlistment at least three days after the date of enlistment without justifiable grounds, at the Defendant’s residence located in the Busan Northern-dong 303, Busan District Military Manpower Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. Written statements of D;

1. A written accusation;

1. Application of Acts and subordinate statutes to the public notice given to enlistment in active duty service;

1. According to Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, in the case of convicted prisoners, only persons who have been sentenced to imprisonment with prison labor or imprisonment without prison labor for at least one year and six months are subject to enlistment in the second citizen service. When the defendant is sentenced to imprisonment with prison labor for less than one year and six months or suspension of the execution of such imprisonment with prison labor for less than one year and six months, if the defendant again refuses enlistment or call and is likely to lead to a prison life, the defendant shall be sentenced to the lowest sentence that meets the requirements for exemption from military service.