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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 7, 2015, the Defendant directly received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of Daegu-do, to enter the Army Training Center located in the 47-dong, Daegu-gu, Daegu Military Manpower Administration from November 16, 2015 to 14:00 on November 16, 2015, and did not, without justifiable grounds, enlist within three days from the date of enlistment.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Application of Acts and subordinate statutes governing a written accusation, a statement of the person evading military service, a written accusation, and a receipt of the notice of enlistment in active duty service;
1. The grounds for sentencing under Article 88(1)1 of the relevant Act on criminal facts include the fact that the defendant evades enlistment in active duty service and is currently missing, and has the record of being punished by a fine under the same item of the same crime, as well as other various circumstances shown in the arguments of this case, including the defendant’s age, sex, criminal conduct, environment, motive, process, means and method of the instant crime, and conditions before and after the instant crime, etc., shall be determined as ordered by taking full account of the following circumstances.