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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
Although the Defendant received a written notice of enlistment to enlistment from the Defendant who was in active duty service and the Defendant’s residence located in Yangju-si to the 30th Team of the Army from July 21, 2015 on June 4, 2015, the Defendant did not, without justifiable grounds, enlist on the date three days have elapsed since the date of enlistment, even though he received the written notice to enlistment from the outside third village D.
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 service and receipt of mail;
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).
When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant is notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will repeat again, a minimum sentence shall be sentenced to the requirements for exemption from military service.