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

Punishment of the crime

The defendant, around November 7, 2012, was not enlisted without justifiable grounds by no later than three days after he received a notice of enlistment in the name of the director of the Incheon Gyeonggi-si regional military manpower office for the enlistment in the active service on December 11, 2012 and by no later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to the management of e-mail addressees, military register inquiry, enlistment notice in active service, and list of persons not enlisted for conscription;

1. The Defendant asserts that the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the relevant Article of the Military Service Act constitutes “justifiable cause” under Article 88(1)1 of the same Act, and the Defendant, as a new witness, refused enlistment in active duty service upon conscientious order in accordance with his religious doctrine. The Defendant asserts to the effect that such reason for refusal of military service constitutes “justifiable cause” under Article 88(1) of the same 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