The defendant is a person in active duty service.

On October 22, 2019, the Defendant directly received the notice of enlistment under the name of the head of the Incheon Military Manpower Branch Office, which was located in the 76 Incheon Metropolitan City Nowon-gu, and on November 25, 2019, to the Army Training Center, which was located in the so-called So-called Incheon Si, the Defendant did not enlist by the date on which three days have passed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The current progress of delivery of recommendations for adjustment of the date of enlistment of those to be enlisted in active service, notice of enlistment in active service, and receipt of notice of enlistment to the accused;

1. Application of Acts and subordinate statutes to each investigation report on the request for the delivery of messages, the age limit on the request for the dispatch of messages - the closure of the Kakakao Stockholm messages (not presenting the details of facsimile sent, telephone communications in personnel of the Incheon Military Manpower Administration);

1. The reason for sentencing under Article 88(1)1 of the relevant Act on criminal facts shows the attitude of confession and reflecting the instant crime. The Defendant is not subject to criminal punishment, except for a fine of KRW 3 million due to assault in 2017 and a fine of KRW 1 million due to fraud around November 2019.

However, the instant crime is deemed to have refused enlistment in active duty service while the Defendant alleged that he could not understand (the assertion that the long-term residence in the Infant Care Center was the reason for exemption from military service or that the enlistment was known to have been postponed), and the method, background, and result of the instant crime, in particular, the performance of military service is significant in the current situation where the persons in active duty service are very important for maintaining the State and the population decrease, and the social harm caused by nonperformance of military service is significant, and the Defendant was designated the date of enlistment to be enlisted until September 30, 2019, but did not enlist in the military.”