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

Punishment of the crime

The defendant is to be enlisted in active service.

The defendant, around February 21, 2013, from Bupyeong-gu Incheon, Bupyeong-gu B 104 Dong 502 (C apartment) to the same year.

3. Even though he received a written notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the 102 Supplementary Military Service located in the 26th Gangwon-si, Gangwon-do, he did not enlist in the army within three days from the date of enlistment

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The filing of an accusation, inquiry into domestic registration/mail, and the application of Acts and subordinate statutes of the military register inquiry;

1. The Defendant asserts to the effect that, inasmuch as he refused military service in accordance with the religious conscience guaranteed by the Constitution as a new E religious organization refuses military service, the Defendant’s argument on the Defendant’s assertion and sentencing under Article 88(1)1 of the pertinent Act regarding criminal facts falls under “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

The above argument by the defendant cannot be viewed as a justifiable reason under the interpretation of the current Constitution and the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, Constitutional Court en banc Decision 2002Hun-Ga1 Decided August 26, 2004, and Supreme Court Decision 2007Do3795 Decided July 12, 2007, etc.). Accordingly, the defendant’s above assertion cannot be accepted.

In the current law, when a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor, the defendant will be sentenced to a minimum sentence meeting the requirements for exemption from military service in consideration of the fact that the defendant is subject to the notice of enlistment at the same time and that if the defendant refuses to