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

Punishment of the crime

The Defendant is a person in active duty service.

On November 10, 2016, the Defendant was not enlisted in the military service upon receipt of a notice of enlistment in the active duty service under the name of the head of the Military Affairs Administration of Gyeongnam-si to enlistment in the Army Training Center located in Chungcheongnam-si on December 5, 2016, and on December 5, 2016, the Defendant was not enlisted for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Notice of enlistment in active duty service;

1. On the commercial information as a result of delivery;

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant’s assertion as to the Defendant’s assertion regarding the crime is justifiable as he/she refused enlistment in active duty service in accordance with a religious belief as a witness with a religious belief.

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.