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

Punishment of the crime

The defendant is the believers of a religious organization.

A person who has received a notice of enlistment in active duty service shall not enlist unless he/she fails to enlist within three days from the date of enlistment without justifiable grounds.

Nevertheless, even if the defendant was delivered a written notice of enlistment in active duty service on October 3, 2013 to the effect that he will be enlisted in the 102 Supplementary Zone located in Chuncheon City on November 5, 2013 through the mother of the defendant at the office of the defendant in the Dasan-si D apartment around 14:00 on October 3, 2013, the defendant did not enlist without justifiable grounds by the date on which three days have passed since the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the notice of enlistment in active duty service, written confirmation of evasion of enlistment, and written confirmation;

1. In light of the attitude of sentencing under Article 88(1)1 of the relevant Act on criminal facts in violation of the Military Service Act, and the motive and circumstances leading to the Defendant to commit the instant crime, etc., a sentence shall be imposed as ordered against the Defendant; however, it is determined that there is no possibility that the Defendant might flee in light of his/her attitude of investigation and trial in the investigative agency and this court, the Defendant’s residence, family relation, etc., and thus, the statutory detention shall not be imposed.