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

Punishment of the crime

The defendant, upon receipt of a written notice of enlistment in active duty service, must enlist within three days from the date of enlistment, but on July 6, 2014, at the defendant's house located in the Namyang-si, B house 5 Dong 302, Dong 302, around July 6, 2014.

8. A notice of enlistment issued in the name of the Gyeonggi-do Military Manpower Branch Office to the effect that the Army Training Center located in the Magyeong-gu Sinsan Sinsan-si was “be enlisted in active service” by November 1, 200, but did not enlist without good cause by the date three days have elapsed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant (the purport that he did not enlist in the military by religious doctrine);

1. A written accusation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The reason for sentencing under Article 88(1) of the relevant Act on Criminal Facts is not recognized as justifiable grounds for refusing enlistment on the grounds of religious doctrine under the current legal system.

Although the Defendant is a primary offender, as long as the Defendant refused to enter the military according to his religious belief and thereby resulting in the instant crime, the Defendant will be sentenced to the minimum sentence that could exempt the Defendant from military service. However, in light of the fact that discussions on alternative military service continue, the statutory detention is not imposed, and the Defendant’s age, character and conduct and environment, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., are considered as conditions for sentencing as shown in the records and arguments, and the judgment is ordered as above.