The defendant is a person subject to enlistment in active duty service, and is a witness of women and children.

On November 5, 2015, the Defendant received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration in the Daegu-gu regional military service and did not enlist on December 17, 2015, when three days have passed since the date of enlistment without justifiable grounds, from the Defendant’s house located in Gandong-gun B, which was located in the Gandong-si, Gyeongcheon-si, Masan-si on December 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of accuser C;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written notice of enlistment in active duty service, a list of persons notified of enlistment in active duty service, or a certificate of result of delivery by an Internet post

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts clearly expresses the defendant's intention to refuse enlistment in accordance with religious faith, and if the defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of imprisonment with prison labor for less than one year and six months under the current law, there is a possibility that the defendant will refuse enlistment and lead a prison life by again refusing enlistment, the defendant is the primary offender, and the court's sentencing guidelines for the same case shall be determined as the order.