The defendant is a man and a witness who is subject to enlistment in active service.

A person who has received a written notice of enlistment in active service shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, at around November 7, 2014, delivered a written notice of enlistment under the name of the director of the Seoul Military Manpower Office to the Defendant’s office located in Gangnam-gu Seoul Northern District Office B and 302 to the supplementary supplement on December 16, 2014, but did not, without justifiable grounds, failed to enlist by not later than three days after the date of said enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written accusation;

1. Application of the Acts and subordinate statutes to notify persons subject to separate enlistment in active service;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on Criminal Crimes is the first offender with no criminal record, who committed the instant crime under religious faith. When a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor is imposed on the Defendant, the Defendant would be notified of enlistment at the same time and may repeat the malicious cycle subject to criminal punishment again. In addition, in consideration of the criteria for enlistment in the second citizen service following the sentence of active duty service and the Defendant’s age, character and conduct, environment, and family relationship, the sentence of a minimum sentence that meets the requirements for exemption from military service shall be imposed on the Defendant, and such sentence shall be determined as the order.