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

Criminal facts

The Defendant was issued a written notice of enlistment in the name of the director of the Incheon Regional Military Manpower Office to enlistment in the 306 Supplementary Zone on July 15, 2014, which was sent to the Defendant’s residence located in B B 121 Dong-dong 303, Dong-gu, Incheon, Dong-gu, Incheon, and to the 306 Supplementary Zone on August 19, 2014, but did not enlist without justifiable grounds for the lapse of three days from the designated date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a written accusation or a written accusation;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as a justifiable reason for refusing enlistment in active service under the current law merely based on the fact that the defendant, who is a believers of a female and a witness, refuses enlistment in active service in accordance with a religious belief.

However, the defendant shall be sentenced to a minimum sentence, which serves as a requirement for exemption from military service, and the decision shall be made in the same manner as the order to avoid the malicious circulation of criminal punishment for the second time according to the notice of enlistment, and the defendant wishes to proceed with the appellate trial in a state of non-detention,