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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is a person in active duty service.
On June 26, 2013, the Defendant: (a) received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi Military Manpower Office on July 29, 2013 in a residential area located in Seo-gu Incheon, Seo-gu C, 105 Dong 703 (D apartment); (b) but (c) failed to enlist without justifiable grounds for the period of three days from the date of enlistment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to accusation and military register inquiry;
1. The Defendant guilty of charges under Article 88(1)1 of the relevant Act, and the Defendant, as a believers of an E religious organization, refused enlistment in active duty service according to the order of conscience in accordance with such religious doctrine. The Defendant asserts that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.
Under the current positive law, no exception exists to substitute enlistment in active service against a person who refuses enlistment in active service on grounds of the freedom of conscience under the Military Service Act, the aforementioned grounds alleged by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, Aug. 30, 201); thus, the Defendant’s assertion cannot be accepted.
When a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor under the current law on the reason for sentencing, the defendant will be sentenced to a minimum sentence meeting the requirements for exemption from military service in consideration of the fact that the defendant will be notified of enlistment at the same time and that the malicious circulation subject to criminal