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, a witness, and a person subject to enlistment in active duty service.

Although the Defendant received a written notice of enlistment in the name of the head of the Gyeonggi-do Military Manpower Branch Branch Office that he/she must enlist at the defendant's house located in the Namyang-si of Gyeonggi-do and 501 Dong 1601 on May 19, 2015 from the defendant's office around April 9, 2015, the Defendant did not, without good cause, enlist for more than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Registration, delivery and delivery;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. As the Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent statutory provisions of the Military Service Act argues that the enlistment is refused according to a religious conscience, the Defendant’s assertion falls under justifiable cause under Article 88(1) of the Military Service Act, and thus, the following facts are not established under the current positive law that does not provide for special cases that can substitute enlistment in active service with respect to a person who refuses enlistment in active service on the grounds of religious belief under the Military Service Act. As such, the grounds alleged by the Defendant do not constitute justifiable cause for refusal (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, 2008Hun-Ga7, 2009Hun-Ga7, 24, 2010Hun-Ba16, 37, 2008Hun-Ba103, 2013, 2016 (Joint).

In light of the grounds for refusing the enlistment of the accused with the reasons for sentencing, equity with other similar cases, and other circumstances that are the conditions for sentencing specified in the records of this case, the sentence as ordered shall be determined as per Disposition, and since it does not seem that the accused is likely to flee from the sentence, statutory detention shall not be made.