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

Punishment of the crime

Even after receiving a notice of enlistment in the name of the director of the Busan regional military manpower office to enlistment in the active service from the defendant's outer mother house located in Ulsan-gu B around September 19, 2014 to the 306 supplementary unit around November 18, 2014, the defendant failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to file an accusation, a certified copy of the enlistment notice in active duty service, and a confirmation of facts by women and witnesses;

1. Under the current positive law that does not provide for an exception to alternative military service for a person who refuses to serve in the military on account of the freedom of conscience under the Military Service Act with respect to criminal facts sentencing under Article 88(1)1 of the pertinent Act, the above ground for Defendant’s assertion cannot be deemed as a justifiable ground under the interpretation of the current Constitution and the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, etc.). The Defendant, as a first offender, refused enlistment according to a religious belief; the alternative military service system has not yet been established up to the present time; the Defendant appears not to perform the duty of military service; and Article 136(1)2(a) of the Enforcement Decree of the Military Service Act provides that 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, if the Defendant is sentenced to a lower sentence, he would be subject to criminal punishment again if the Defendant refuses to receive the notice of enlistment at the same time; the Defendant’s age, character and conduct, motive, means and consequence of the crime; and circumstances after the crime, etc., the Defendant is sentenced to a minimum punishment that meets the requirements for exemption from military service.