As a person subject to enlistment in active duty service, the Defendant received a written notice of enlistment in active duty service under the name of the head of the Daejeon Chungcheong District Military Affairs Administration to enlistment in the 32 association new soldiers training unit located in Sejong-si on November 15, 2016 at the Defendant’s residence located in Sejong-si B around September 22, 2016, and did not immediately enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Entry in a written accusation;

1. Statement of output of the target management screen;

1. Entry of inquiries into military register ( conscientious objection does not constitute justifiable grounds under the main sentence of Article 88 (1) of the Military Service Act);

Application of Statutes

1. The grounds for sentencing under Article 88(1)1 of the Military Service Act regarding facts constituting an offense shall be taken into account such as refusing to perform the duty of military service in the future, beginning crimes, etc.