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

Punishment of the crime

Even though the Defendant received a written notice of enlistment in the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlistment from the Defendant’s house, which was located in the territory of the Incheon Gyeonggi-si on May 9, 2013, to the designated place on June 17, 2013, as a person subject to enlistment in active duty service, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing a written accusation and a written notice of enlistment;

1. According to the reasoning for sentencing under Article 88(1) main sentence 1 of the pertinent Act on criminal facts, Article 65(1)2 of the Military Service Act and Article 136(1)2(a) of the Enforcement Decree of the same Act on the grounds that in case 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. Thus, when a sentence of imprisonment with prison labor for less than one year and six months or suspension of the execution of such imprisonment with prison labor is imposed on a defendant, the defendant is notified of enlistment, and the defendant is likely to be subject to the second citizen service, and a minimum sentence that meets the requirements for exemption from military service is to be imposed on the defendant.