A defendant shall be punished by imprisonment for six months.

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

According to the records around March 12, 2018, the Defendant appears to be a simple clerical error in the indictment.

On April 16, 2018, to be enlisted in the Army Training Center located in Ansan-si, the defendant's residence located in B, and received the enlistment notice under the name of the head of the Daejeon District Military Affairs Administration, and did not enlist for three days from the date of the enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of enlistment in active duty service (3 to 4 months), and receipt of the notice of enlistment;

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

1. The reason for sentencing under Article 88 (1) 1 of the pertinent Act on criminal facts is that the defendant recognized all of the crimes of this case and divided and reflected his mistake. However, the crime of this case is that the defendant did not perform his duty of military service without any justifiable reason, and the nature of the crime is not less than that of the defendant, and that the defendant will immediately enlist when he is notified of enlistment for the same kind of crime.

In full view of the fact that the sentence of punishment is inevitable for committing another crime during the period of the suspension of execution, and the defendant has been recruited as a noncommissioned officer for about six years since 2012 and passed two times in the past, he was dismissed immediately, and that he received special soldiers, etc. for several times, but canceled or immediately withdrawn after enlistment in the action for active duty service, it is difficult to expect that the defendant will voluntarily enlist in the active duty service in the future.

In addition to the appearance of the defendant, the punishment as ordered shall be determined in consideration of all sentencing factors as shown in the arguments of this case, such as the age, environment, sex, motive, means and consequence of the crime, and the circumstances after the crime.