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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is a person in active duty service.
On October 2, 2013, the Defendant received a notice of enlistment in the active duty service under the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlistment in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-gu, 109 Dong 1905 from the Defendant’s house to December 2, 2013.
Nevertheless, the Defendant did not enlist in the military without justifiable grounds until December 5, 2013 after three days from the date of enlistment.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes on enlistment notice, certificate of receipt of conscription and draft natural register;
1. Article 88 (1) 1 of the relevant Act on criminal facts;