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

Punishment of the crime

The Defendant is a new witness and is a person subject to enlistment in active duty service.

On September 24, 2014, the Defendant did not enlist in the military even three days after the date of enlistment without justifiable grounds, despite the Defendant’s mother was served with a notice of enlistment in the military service under the name of the head of the Gyeonggi Northern Military Manpower Branch Office in order to enlistment in the military service in the 306 Supplementary Zone located in Yongsan-dong of the Government of Jung-si on November 4, 2014.

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 Acts and subordinate statutes to accusation, list of notified persons, notification of enlistment in active service and full-time, and domestic registration/mail inquiries;

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 in the current legal system.

Although the Defendant is a first offender, as long as the Defendant’s refusal of entering the military according to his religious conscience led to the instant crime, the Defendant would be sentenced to the minimum punishment that could exempt the Defendant from military service, but in light of the fact that discussions on alternative military service continue, statutory detention is not required. In addition, 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 the conditions for sentencing specified in the records and arguments, and the judgment is rendered as above.