Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Although the Defendant, as a person subject to enlistment in active duty service, must enlist within three days from the date of receipt of a written notice of enlistment, the Defendant failed to enlist on October 24, 201 at the 36 Busan Regional Employment and Labor Office, which was located in the 306 unit located in Yongsan-dong of the Government of Gyeonggi-do, from the 36 Busan Regional Employment and Labor Office to November 29, 201, without justifiable grounds, even though he received a written notice of enlistment in active duty service under the name of the director of the regional military manpower office of Gyeonggi-do, to enlist in the 306 unit located in
Summary of Evidence
1. A written accusation;
1. Additional notice of enlistment in active duty service ( November 1);
1. Application of Acts and subordinate statutes governing receipt of enlistment notice in active duty service;
1. In view of the fact-finding of sentencing under Article 88(1)1 of the pertinent Act on criminal facts, given that the Defendant has no criminal record other than that relating to the performance of the duty of military service in this case, and the Defendant has served as a skilled industrial personnel for a considerable period of time, there is a criminal record subject to punishment, such as suspension of execution, since the Defendant has not already received a written notice regarding enlistment in active duty service but failed to enlist. Nevertheless, considering that the Defendant did not directly receive a written notice regarding enlistment in active duty service in this case on October 24, 201, it is inevitable to punish the Defendant with severe punishment.
In addition, in consideration of the age, character and conduct, intelligence and environment of the accused, motive and means of the crime, etc., the sentence identical to the order shall be sentenced in the same manner as the sentencing is imposed.