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

Criminal facts

The Defendant is a person subject to enlistment in active duty service and a witness of Fhovah, and the Defendant did not enlist without justifiable grounds for the lapse of three days from the date of enlistment, even if he received a written notice of enlistment in active duty service under the name of the director general of the Gyeongnam Military Manpower Office to enlist in the military around September 16, 2014, in the Defendant’s dwelling place B, 105 Dong 1101, and in addition to 102 supplement from October 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing a written accusation, written accusation, written notice of enlistment in active duty service, parcel-post inquiry, and written notice sent to the Military Manpower Administration;

1. The grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts are the defendant's refusal to serve in the military on the grounds of religion and conscience; the defendant has no criminal record; according to Article 5 of the Military Service Act and Article 136(1)2 of the Enforcement Decree of the Military Service Act, the defendant can be transferred to the second citizen service in the future only when he is sentenced to a maximum of one year and six months; the defendant can be transferred to the second citizen service for the same reason; the defendant's age, character and behavior, intelligence and environment, family relationship, means and result of the defendant's punishment for those who have refused to serve in the military for the same reason; and other various sentencing factors specified in the arguments of the instant case, such as the defendant's age, character and behavior, intelligence