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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 witness in the military and is a person subject to enlistment in active service as a new witness.
A person who has received a notice of enlistment in active service shall enlist in the army before the lapse of three days from the date of enlistment without justifiable grounds.
Nevertheless, on April 28, 2015, the Defendant received a notice of enlistment in the Army Training Center in the name of the Gyeonggi Northern District Military Manpower Branch Office in the Gyeonggi-do by June 8, 2015, stating that he will enlist in the Army Training Center located in Chungcheongnam Namsan, which is the defendant's house in the defendant's house in the defendant's house in the Gui-si, the Gui-si, the Government-si, from April 28, 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. E statements;
1. A written accusation;
1. Application of Acts and subordinate statutes concerning enlistment notice in active duty service and postal delivery status;
1. As to the assertion by the Defendant and his defense counsel regarding criminal facts under Article 88(1)1 of the pertinent Act, the Defendant and his defense counsel refused enlistment in active duty service according to a religious doctrine as stated in their reasoning, and the Defendant’s objection to military service constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act. Thus, under the current positive law, there is no special provision that can substitute enlistment in active duty service for those who refuse enlistment on the grounds of religious belief under the Military Service Act, the aforementioned grounds asserted by the Defendant and their defense counsel do not constitute justifiable grounds for refusing enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22,09Hun-Ga7, 2009Hun-Ba7, 2010Hun-Ba4, 16, 2010; 301Hun-Ba37, 2013, 2013).
In the event that the defendant is sentenced to a sentence of imprisonment for less than one year and six months or a suspended sentence of such imprisonment, the defendant will also be notified of enlistment.