1. The defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 300,000 won;

2. The defendant does not pay the above fine.

Punishment of the crime

On November 9, 2009, the Defendant was sentenced to four months of imprisonment with prison labor at the Busan District Court for larceny, and completed the execution of the sentence on January 4, 2010 at the Busan Detention Center and is liable to serve in the military as a person subject to enlistment in active duty service.

1. On March 22, 2011, the Defendant: (a) around March 22, 201, received a notice of enlistment in the name of the director of the regional military manpower office in Busan, that “be enlisted as an active duty serviceman on April 26, 201, from the 53g group located in the Gun in Busan, Daegu, Busan, to the 53g group located in the Gun in Busan, the 2011.”

Nevertheless, the defendant did not enlist in the military without justifiable grounds within three days from the date of enlistment.

2. Around May 2010, when a person moves his residence to Dong-gu in Gyeonggi-si, Busan-si, the Defendant’s domicile, from Gyeonggi-do, to Dong-gu, the head of the Dong having jurisdiction over the residence, a moving-in report should be made within 14 days from the date of moving, notwithstanding the fact that he did not make a moving-in report without justifiable grounds, thereby preventing the person from filing an ex officio registration of unknown domicile and from delivering a written notice of enlistment on July 27, 2010.

Summary of Evidence

Facts No. 1

1. Defendant's legal statement;

1. A statement that is written by the F;

1. Notice of enlistment in active duty service, certified copy or abstract of resident registration cards, and domestic registration mail, on April 26, 2011;

1. Facts set forth in paragraph 2 of each investigation report (the date of change to the location investigation, full-time reserve service, etc.);

1. Defendant's legal statement;

1. Before a report of investigation (general) is made;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. (A), investigation reports (verification of repeated offenses by a suspect, judgment of the same kind of power, etc.);

1. Article applicable to facts constituting an offense, Article 88 (1) of the Military Service Act, Articles 84 (2) and 69 (1) of the Military Service Act (the point of failing to file a transfer report and the choice of fines);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the ground of sentencing under Article 334(1) of the Criminal Procedure Act, shall enlist in the military on the ground of his livelihood.