A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

A person who has received a notice of enlistment in active duty service or of call-up shall not be enlisted or shall not comply with the call-up even after three days from the date of enlistment or call-up without justifiable grounds.

Nevertheless, on August 21, 2019, the Defendant, at the Defendant’s home located in Seo-gu Incheon Building C around 17:26, failed to enlist without justifiable grounds by the date on which three days have elapsed from the date of enlistment, in spite of the Defendant’s direct receipt of the notice of enlistment under the name of the head of the Incheon Military Manpower Branch Office, to the effect that, around 14:00 on September 24, 2019, the Defendant “be enlisted in the lursung Military Education Team located in the Seocheon-gu Incheon District Military Branch Office

Accordingly, even after receiving a written notice of enlistment in active duty service, the defendant did not enlist within three days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A notice of additional enlistment in active duty service (9.23 to 9.24.)

1. Notice of enlistment in active duty service and written confirmation of receipt;

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

1. The reason for sentencing under Article 88(1)1 of the Act on the Punishment of Criminal Crimes is to recognize and reflect the crime.

However, even though the defendant is in the period of suspension of execution due to the same kind of crime, the criminal responsibility of the defendant is heavy.

However, when this judgment becomes final and conclusive, the sentence of the previous suspension of execution should lose its validity and be additionally sentenced to six months of imprisonment, and the fact that it appears that the military service should be performed after being assigned to supplemental service after completing the reinstatement in this case.

Comprehensively taking into account such circumstances as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence shall be determined as ordered.