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

Punishment of the crime

On June 29, 2017, the Defendant, who was subject to enlistment in active duty service, was issued a notice of enlistment in active duty service under the name of the head of the regional military affairs office, and did not enlist within three days from the date of enlistment without justifiable grounds, to the Defendant’s house 103 Dong Dong 1602, the Defendant’s house 1602, and to the 31st association of the Army as of August 8, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration, a written accusation, a written notice of enlistment in active duty service, a list of persons not enlisted, a delivery process, and a written notification;

1. Article 88(1)1 of the pertinent Act on criminal facts (see, e.g., Constitutional Court and the Military Service Act, the refusal of enlistment on the ground of conscience and religious freedom cannot be deemed as a justifiable ground under Article 88(1) of the Military Service Act, in interpreting the provisions of the Constitution and the Military Service Act);