Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On November 18, 2014, the Defendant, as a female witness, was issued a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-si Military Manpower Office, to enlistment in the Army Training Center in the name of the Incheon Gyeonggi-si Office to be from the office of the Defendant, Sungnam-si B apartment Nadong 106 to December 15, 2014 on the ground of religious belief, but did not enlist until three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to public officials' statements, accusations, and military register inquiry;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is that the defendant refuses enlistment according to a religious belief, and even though the need has been raised several times, alternative military service system that allows a person who refuses enlistment according to a religious belief as the defendant has not yet been prepared so far. In light of the defendant’s religious belief, it seems difficult to expect the defendant to perform military service in light of the defendant’s religious belief. According to Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, only a person who has been sentenced to imprisonment with or without prison labor for at least one year and six months is subject to enlistment in the second citizen service, and thus, if the defendant is sentenced to a lower sentence, there is a possibility that the defendant would be subject to punishment by refusal of enlistment, and in consideration of equity between the person performing the military service and other similar cases, the sentence against the defendant is inevitable.

The above circumstances shall be determined by taking into account the defendant's age, character and conduct, academic background, career, living environment, family relationship, and motive and circumstances leading to the crime, etc. However, the defendant is not likely to destroy evidence or flee, and thus the court's custody is not allowed.