The defendant is a person liable for military service who is subject to enlistment in active service.

No person who has received a written notice of enlistment in active service shall enlist in the army without justifiable grounds within three days from the date of enlistment.

Nevertheless, even though the defendant received a notice of enlistment in the name of the director of the Busan regional military manpower office on September 13, 2018, the defendant was not enlisted for three days after the lapse of three days without justifiable grounds, while he received the notice of enlistment in the name of the director of the Busan regional military manpower office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes, such as a written accusation;

1. Article 88 (1) of the Military Service Act concerning criminal facts;

1. Four months of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act (including the first offender who is the defendant, and the fact that he faithfully performs military service);