A person who has received a notice of call-up for enlistment in active service shall be enlisted in a training center designated by the time three days elapse from the enlistment or call-up.

Nevertheless, the Defendant, as a person subject to enlistment in active duty service on October 13, 2014, was issued a written notice of enlistment under the name of the director of the Daegu-do regional office of manpower administration to enlistment from the Defendant’s house located in the Northern-gu B, 102 Dong 1402 to December 2, 2014, and to enlistment in the 102 supplemental unit in the city of Chuncheon on December 2, 2014, but failed to enlist without justifiable grounds for three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of enlistment in active duty service, and application of Acts and subordinate statutes of Korea Registration Inquiry Agency;

1. Grounds for sentencing under Article 88 (1) 1 of the relevant Act on criminal facts;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. According to Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, the Defendant’s sentence is a new witness, and the only person who has been sentenced to imprisonment or imprisonment without prison labor for not less than one year and six months is subject to enlistment in the second citizen service. When the Defendant is sentenced to a suspended sentence of imprisonment for not less than one year and six months or imprisonment for a limited term, it seems probable that the Defendant would refuse enlistment or call at the same time and lead a long-term life. Considering the motive and circumstance leading to the instant crime, and the fact that the Defendant has no criminal power, it is reasonable to sentence the minimum sentence that constitutes the requirements for exemption from military service of the Defendant. In addition, considering the Defendant’s age, character and behavior, occupation and environment, methods and result of the instant crime, circumstances before and after the instant crime, and all other conditions of sentencing as shown in the records and pleadings, it is decided as ordered as per Disposition.