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 for the period of three days from the date of enlistment.

On May 17, 2016, the Defendant issued a written notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of the Gyeongcheon-si Office to enlistment in the Gyeongwon-si Military Manpower Administration located in 120, Jinwon-si, Daejeon District Military Manpower Administration on May 17, 2016, and on June 21, 2016, the Defendant failed to enlist for more than three days from the date of enlistment without justifiable grounds.

Summary of Evidence

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

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

1. The grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts include the following: (a) the Defendant, who had been punished by a fine as a person without military service, was not subject to a move-in report even before the date of sentencing; (b) the motive and background of the Defendant’s crime including the escape in the course of investigation and trial; (c) the method and consequence of the crime; (d) the circumstances after the crime; (d) the Defendant’s age, environment, criminal records