A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is to be enlisted in active service.

In September 24, 2013, the Defendant received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist in the military at the residence of the Defendant No. 2, No. 106 101, Sept. 24, 2013, and from Nov. 5, 2013, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing an accusation or receipt of notice;

1. According to the reasoning for sentencing under Article 88(1) main sentence 1 of the pertinent Act on criminal facts, Article 65(1)2 of the Military Service Act and Article 136(1)2(a) of the Enforcement Decree of the same Act on the grounds that in case of convicted prisoners, only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for at least one year and six months is subject to enlistment in the second citizen service. Thus, when a sentence of imprisonment with prison labor for less than one year and six months or suspension of the execution of such imprisonment with prison labor is imposed on a defendant, the defendant is notified of enlistment, and the defendant is likely to be subject to the second citizen service, and a minimum sentence that meets the requirements for exemption from military service is to be imposed on the defendant.