A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment without justifiable grounds.

On August 22, 2013, the Defendant received a notice of enlistment in active duty service to be admitted to the 53 Team located in the Army located in the Busan Shipping Daegu District, from August 2, 2013 to October 8, 2013, but failed to enlist without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. A written accusation;

1. Application of each Act and subordinate statute to notify the status of enlistment in active duty service, and a copy of parcel mail;

1. The defendant, on the grounds of sentencing under Article 88 (1) 1 of the pertinent Act regarding criminal facts, actively refuses enlistment and call for conscientious reasons. According to Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act, in the case of convicted prisoners, only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than one year and six months is subject to enlistment in the second citizen service. When the defendant is sentenced to a suspended sentence of imprisonment with prison labor for not less than one year and six months or a suspended sentence of such imprisonment with prison labor, the defendant again refuses enlistment or call and is likely to lead a prison life, it is so decided as per Disposition by the court below.