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

Punishment of the crime

Upon receipt of a written notice of enlistment, the defendant shall enlist in the military within three days from the date of enlistment.

Nevertheless, on July 28, 2015, the Defendant, at the Defendant’s residence located in Daegu Suwon-gu, on June 9, 2015, sent a written notice of enlistment in the name of the head of the Daegu-do regional military manpower office to the Defendant’s mother C, and did not, without good cause, enlist within three days from the date of enlistment, even if he received the notice of enlistment in the name of the Defendant’s mother C, from the date of enlistment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant statutory provisions on the Military Service Act was in accordance with a religious doctrine and thus refused enlistment in active duty service according to the conscience order, and such reason for conscientious objection constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act. Thus, under the current positive law that does not provide for special cases where a person who refuses enlistment in active duty service on grounds of religious belief under the Military Service Act does not substitute enlistment in active duty service, the Defendant’s assertion does not constitute justifiable cause for refusing enlistment (see, e.g., Supreme Court Decisions 2011Do1759, Nov. 24, 201; 2008Hun-Ga22, 2009Hun-Ga7, 201Hun-Ba7, 2010Hun-Ba16, 37, 208Hun-Ba208, 2013, 2016).

In light of the current laws and regulations on the reason of sentencing, when a sentence of imprisonment with prison labor for less than one year and six months or the suspension of the execution of such imprisonment with prison labor is imposed on the defendant, the defendant will be notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will repeat, a minimum sentence meeting the requirements for