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

Punishment of the crime

No person who has received a written notice of enlistment in active duty service shall enlist in the military without justifiable grounds within three days from the date of enlistment.

Nevertheless, the Defendant, at around October 18, 2016, received a notice of enlistment in the active duty service under the name of the head of the Military Affairs Administration in Daegu-do, that was, “to be enlisted in the active duty service on November 12, 2016” in the Nam-gu Branch B Housing Co., Ltd.’s dwelling in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu. However, the Defendant failed to enlist without justifiable grounds for the lapse of three days from the date of enlistment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes that notify the filing of an accusation and enlistment in active service;

1. The crime of this case committed on the grounds of sentencing under Article 88(1)1 of the pertinent Act on criminal facts requires strict punishment to deny the military service system of the Republic of Korea based on the conscription system. The defendant has a history of having been subject to a disposition of suspending indictment for the same kind of crime, and the defendant does not prepare and prepare for the enlistment by formulating a specific enlistment plan after the investigation stage or the prosecution stage, but has only thought to postpone enlistment by solely asserting that he is difficult circumstances. Thus, the defendant has an intention to seriously reflect his wrongness and genuinely enlistment.

Rather, considering that the defendant did not comply with the trial procedure of this case and escaped, the sentence of sentence against the defendant is inevitable.

However, considering the fact that the defendant seems not to have an intention to refuse military service on a conclusive basis, the defendant's mother's health appears to be not good, and other various circumstances, such as the defendant's age, sex, environment, history of crime, motive, circumstance, means and consequence of crime, etc., which are the conditions for sentencing as shown in the record, are to be sentenced to the same sentence as the order.