Even after receiving 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 102 supplementary unit from the defendant's house located in Gangseo-gu Seoul Metropolitan Government B, 403 Dong 305 (C apartment), which was the person subject to enlistment in the active duty service, on September 16, 2013, the defendant 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 statement that is the accusation of D;

1. Application of statutes of notification to enlistment in active duty service;

1. According to Article 88(1)1 of the pertinent Act regarding criminal facts, the Defendant’s reason for sentencing under Article 88(1)1 of the Military Service Act, who is a religious belief, and Article 65(1)2 of the Military Service Act and Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, is subject to enlistment in the second citizen service as only a person who was sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than one year and six months, and thus, if the Defendant is sentenced to a suspended sentence of imprisonment with prison labor or for less than one year and six months, the Defendant may also be subject to criminal punishment upon receipt of a written enlistment notice.