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

Punishment of the crime

As a person subject to enlistment in active duty service, the Defendant was issued a notice of enlistment in the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlistment in the 55 military unit located in Gyeonggi-do on August 18, 2015 from the residence of the suspect who was located in B 405 Dong-gu, Incheon on July 14, 2015 to the 55 military unit located in Gyeonggi-do on August 18, 2015, but did not enlistment without

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written accusation;

1. A certificate to register enlistment in active duty service and receipt of written enlistment notice;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. The Defendant asserts to the effect that there exists “justifiable cause” under Article 88(1) of the Military Service Act, since the Defendant did not enlist in the military according to his religious belief as a new witness, as to criminal facts under Article 88(1)1 of the pertinent Act.

In principle, “justifiable cause” as referred to in Article 88(1) is premised on the existence of the abstract military service and the confirmation of the performance of the duty of military service. However, it shall be deemed that there is a reason that can justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., a reason that is not attributable to the non-performance of the duty of military service, such as illness. Under the current positive law where there is no special exception that allows a refusal of enlistment in active service on the grounds of freedom of conscience in the Military Service Act to substitute for the enlistment in active service, Defendant’s assertion does not constitute a justifiable reason

Taking into account the fact that the defendant's reasoning for sentencing was a woman and a witness who committed the instant crime according to his religious conscience, one year and six months shall be sentenced to imprisonment with prison labor, which is the lowest sentence eligible for enlistment in the second citizen service under the Military Service Act.