The defendant is a person in active duty service.

On November 25, 2014, the Defendant received a written notice of enlistment in the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist in the military on December 30, 2014 from Ansan-si to Seosan-si on December 30, 2014, and did not, without justifiable grounds, failed to enlist within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 88(1)1 of the Criminal Act applicable to criminal facts; Article 88(1)1 of the Criminal Act of the Defendant’s reason for sentencing choice of imprisonment with prison labor; the Defendant’s refusal to enlist in the military according to a religious belief; alternative military service system to relieve a person who refuses enlistment according to a religious belief has not been established; Article 136(1)2(a) of the Enforcement Decree of the Military Service Act provides that only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for at least one year and six months is subject to enlistment in the second citizen service; thus, if the Defendant is sentenced to a lower sentence, the Defendant may be subject to punishment again for refusal to enlistment; the Defendant’s age, character and conduct, academic background, background leading to the instant crime; circumstances leading to the instant crime; and thus, the sentence shall be determined as ordered in consideration of the likelihood of destruction of evidence or the possibility of escape from the military; thus,