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

Punishment of the crime

On October 31, 2014, the Defendant received a notice of enlistment in the active duty service under the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlistment in the 102 supplementary unit located in the 102 additional unit located in the territory of the Sincheon-si, Chungcheongnam-si, Incheon, through father C through his father C, which is the Defendant’s residence.

Nevertheless, the Defendant did not enlist in the military without justifiable grounds until December 5, 2014, which was three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the accuser (D);

1. Inquiry into domestic registration, and notification of additional enlistment in active duty service;

1. Application of Acts and subordinate statutes on the annual list of persons who have not been drafted;

1. The reasons for sentencing under Article 88(1)1 of the pertinent Act on criminal facts are the believers’s believers, and the defendant refuses military service according to a religious doctrine. Thus, under the current law where alternative military service system is not established, the sentence of sentence is inevitable for the defendant, and under Article 136(1)2(a) of the Enforcement Decree of the Military Service Act only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than one year and six months is subject to enlistment in the second citizen service. Thus, the defendant is sentenced to imprisonment with prison labor for not less than one year and six months, taking into account the possibility that the defendant will be able to lead a multiple prison life if he is sentenced to a lower sentence.