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

Punishment of the crime

On September 28, 2014, the Defendant: (a) received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist in the 306 Supplementary Zone located in the Dong-dong, Jungcheon-si on November 18, 2014, from the Defendant’s e-mail, and confirmed the enlistment; and (b) did not, without justifiable grounds, failed to enlist within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Copies of notices sent to the Military Manpower Administration; and

1. A written accusation;

1. Application of Acts and subordinate statutes of military register inquiry;

1. The reasoning for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is a primary offender who has no criminal record, and committed the instant crime under religious belief; the standard for enlistment in the second citizen service following the period of active duty service and the sentence of imprisonment; and other conditions of sentencing as indicated in the arguments of the instant case, including the Defendant’s age, character and conduct, environment, equity in sentencing with the same kind of case, etc., shall be determined as indicated in the order.