The defendant is a person subject to enlistment in active service.

On April 2014, the Defendant received a notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the office of the Defendant located in Mapo-gu Seoul Mapo-gu 202 from D residing together with D as of May 13, 2014, and failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

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

1. The grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as falling under “justifiable cause” under Article 88(1) of the Military Service Act.

According to Article 65(1)2 of the Military Service Act and Article 136(1)2(a) of the Enforcement Decree of the Military Service Act (see, e.g., Supreme Court Decision 2013Do9714, Oct. 24, 2013). According to Article 65(1)2 of the same Act and Article 136(1)2(a) of the Enforcement Decree of the same Act, in cases of convicted prisoners, 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. As such, if a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than