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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is a person in active duty service.
On June 24, 2013, the Defendant: (a) received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-gu regional military manpower office; (b) on July 29, 2013, “be enlisted in the Army Training Center located in the area of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, 1, 1511; and (c) failed to enlist without justifiable grounds by not later than three days after the date of the enlistment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the accusation site and notice of enlistment in the Army Training Center;
1. The Defendant asserts as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Article of the Military Service Act. The Defendant, as “D” under the religious doctrine, refused enlistment in active duty service in accordance with the order of conscience. The Defendant asserts to the effect that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.
Under the current positive law, no exception exists to substitute enlistment in active service against a person who refuses enlistment in active service on grounds of the freedom of conscience under the Military Service Act, the aforementioned grounds alleged by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, Aug. 30, 201); thus, the Defendant’s assertion cannot be accepted.
When a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor under the current law on the reason for sentencing, the defendant will be sentenced to a minimum sentence meeting the requirements for exemption from military service in consideration of the fact that the defendant will be notified of enlistment at the same time and that the malicious circulation subject to criminal