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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a person in active duty service.
On October 29, 2013, the Defendant received the notice of enlistment in the active duty service under the name of the director of the Incheon Gyeonggi-si Military Manpower Administration, to enlistment in the 35 company located in Jeonju-si on December 17, 2013 from the Defendant’s office located in Sungnam-si B, 301(C).
Nevertheless, the Defendant did not enlist in the military without justifiable grounds until December 20, 2013 after three days from the date of enlistment.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes on a written accusation and a draft natural register for conscription;
1. Article 88 (1) 1 of the relevant Act on criminal facts;