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

Punishment of the crime

On January 20, 2017, the Defendant, as a person subject to enlistment in active duty service, failed to enlist in the military by not later than three days after the date of enlistment, without justifiable grounds, in spite of having received a notice of enlistment in the active duty service under the name of the head of the Gyeong-gu Military Affairs Administration to enlistment as an association of 55 in the Army on February 28, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of violators of the Military Service Act, notification of enlistment in active duty service, list of enlisted persons not enlisted in active duty service, and application of registration-related statutes;

1. Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as constituting justifiable grounds under Article 88(1)1 of the Military Service Act [the refusal of enlistment on the grounds of conscience and freedom of religion under the interpretation of the Constitution of the Republic of Korea and the Military Service Act cannot be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act] of the same Act on the grounds of sentencing, where a defendant is sentenced to imprisonment with prison labor or a suspended sentence for less than one year and six months under the current Act on the grounds of sentencing, the defendant will be notified of enlistment at any time and the malicious cycle subject to criminal punishment due to refusal of the performance