Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

Upon receipt of a written notice of enlistment of a person subject to enlistment in active duty service, the defendant, despite having to enlist within three days from the date of enlistment, the defendant failed to enlist without justifiable grounds by the date on which three days have elapsed from the date of enlistment, even though he received a notice of enlistment in the name of the director of the regional military manpower office in the name of the Gyeongnam Military Manpower Office (the date of enlistment: December 9, 2014; the military unit: 102 units) in the defendant's residential area in Yangsan-si B, 101 Dong 306 around October

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of statutes governing registered inquiries by registered mail, notifications sent to the Military Manpower Administration, and certificates of fact;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts lies in the fact that the Defendant, as a new witness, refuses enlistment according to a religious conscience, and in light of the Defendant’s statement or attitude, etc., it appears difficult to expect the Defendant to perform the duty of military service even in the future. As indicated in the disposition, considering all the circumstances, including the Defendant’s absence of any criminal record, and the minimum term of punishment that may be exempted from the duty of enlistment in the future, the punishment is determined as above. The introduction of the alternative military service system is discussed in society, and the Defendant is faithfully serving in the investigation and trial, and the statutory restraint is not imposed.