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

Punishment of the crime

The defendant is a person in active duty service.

On May 30, 2014, the Defendant received a notice of enlistment in the active duty service under the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist in the Army Training Center located in Young-gu, Young-gu, 101 Dong 302 from the Defendant’s house located in Jung-gu, 101 Dong 302 on July 21, 2014, but did not, without justifiable grounds, for the period of three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

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

1. According to Article 88(1)1 of the pertinent Act as to criminal facts, Article 65(1)2 of the Military Service Act, and Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, in cases 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. Thus, if a defendant is sentenced to imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor for less than one year and six months, the defendant may also be subject to criminal punishment upon receipt of notice of enlistment

Therefore, the defendant is sentenced to a minimum punishment corresponding to the requirements for exemption from military service.