Upon receipt of a written notice of enlistment, the defendant shall enlist in the military within three days from the date of enlistment.

Nevertheless, the Defendant, on June 24, 2017, received a written notice of enlistment in the name of the director of the regional military manpower office in the name of the Jeonwon-gun in Gangwon-do from the person in charge of the viewing in order to directly enlist in the sixth group located in the Hawon-gun in Gangwon-do on August 7, 2017 from the person in charge of the viewing in order to be enlisted, but did not enlist in the military without justifiable grounds until August 9, 2017 after three days from the date of enlistment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of the obligor;

1. A written accusation, a written accusation, and a written confirmation of challenge to enlistment;

1. A notice of the result of adjustment of the date of enlistment of a person to be enlisted in active duty service, additional enlistment, and receipt of written notice of enlistment;

1. Application of Acts and subordinate statutes to report on investigation (related to ascertaining cell phones in which a suspect is using);

1. The reason for sentencing under Article 88(1)1 of the Act on the Punishment, etc. of Criminal Crimes, the defendant, who has failed to comply with the investigation conducted by an investigative agency several times, and the present location is not confirmed.

Since the defendant's intent to enlist is not confirmed, the punishment shall be determined in consideration of the criteria for exemption from enlistment.