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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
The defendant is a person in active duty service.
On February 25, 2019, the Defendant received a written notice of enlistment in active duty service under the name of the head of the Incheon Military Manpower Branch Office to enlistment in the Army Training Center as of March 25, 2019 at the Incheon Military Affairs Branch Office located in 76, Michuhol-gu, Incheon, Seosan-si, Seosan-si on March 25, 2019, but failed to enlist without justifiable grounds for three days after the date of enlistment.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Application of the Acts and subordinate statutes on the written accusation;
1. In full view of the following circumstances in the grounds for sentencing under Article 88(1)1 of the Act on the Punishment of Criminal Crimes, and other various sentencing conditions in the instant case, including the Defendant’s age, character and conduct, motive and manner of committing the crime, and the circumstances after committing the crime, the punishment as ordered shall be determined.
Unfavorable circumstances: The fact that the nature of the crime is not less severe by evading the duty of military service without any justifiable reason, and the circumstances favorable to the fact that the delay of trial has resulted from the delay of trial by lockedly after the closing of argument: The fact that there