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

Punishment of the crime

On May 9, 2013, the Defendant, at the Defendant’s house located in Gwangju-si B apartment 914 Dong 105, and on June 24, 2013, received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the Army Training Center located in Mari-Eup, Masan-si, Masan-si on May 9, 2013, the Defendant failed to enlist without justifiable grounds until June 27, 2013, which was three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of a person evading military service;

1. Application of domestic Acts and subordinate statutes of the postal service organization;

1. The grounds for sentencing under Article 88(1) of the Act on the Punishment of Criminal Crimes under Article 88(1) of the Military Service Act, based on the fact that the Defendant refused to enlist in the military according to religious belief, and that the alternative military service system has not yet been established even though several times have been raised. However, the Defendant appears not to perform his duty of military service in the future, taking into account the fact that the Defendant would not be obliged to perform his duty of military service, equity with the period of military service, other similar incidents, the Defendant’s age, character

(A) 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 prison labor or imprisonment without prison labor for at least one year and six months is subject to enlistment in the second citizen service. Thus, when a defendant is sentenced to a lower sentence, the defendant may be sentenced to imprisonment with prison labor for at least one year and six months.