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

Punishment of the crime

The Defendant, as a person subject to enlistment in active duty service on November 8, 2016, was served with a notice of enlistment in active duty service on December 19, 2016 in the name of the head of the regional military affairs office of Gyeong-nam, that he will enlist in the 12 Army Association located in Incheon-do Incheon-gun on December 19, 2016 through e-mail at his own residence, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of the statute on the e-mail confirmation date

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant’s assertion that he/she constituted a crime constitutes a justifiable ground since he/she refused enlistment in active duty service in accordance with a religious belief as D’s believers.

However, the circumstance that the defendant asserts that there is a justifiable reason for the defendant.

It cannot be seen (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). It is difficult to expect that the defendant will perform the real duty of military service with the reason for sentencing, but considering the term of punishment in compliance with the requirements for exemption from military service of convicted prisoners, the defendant may destroy evidence or flee.

No legal detention shall be made because it is not visible.