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 religious organization B and is a person subject to enlistment in active duty service.

On October 24, 2016, the Defendant, via e-mail at the Defendant’s house located in Suwon-si, Suwon-si C apartment D, and “In December 13, 2016, the Army No. 2 incorporated association” was not enlisted until three days after the date of enlistment without justifiable grounds, despite the Defendant’s notice of enlistment in active service.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to notify enlistment in active duty service, list of those who have not enlisted in active duty service, and military service, and email inquiry;

1. Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as constituting justifiable grounds under Article 88(1)1 of the Military Service Act [the refusal of enlistment on the grounds of conscience and freedom of religion under the interpretation of the Constitution of the Republic of Korea and the Military Service Act cannot be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act] of the same Act on the grounds of sentencing, where a defendant is sentenced to imprisonment with prison labor or a suspended sentence for less than one year and six months under the current Act on the grounds of sentencing, the defendant will be notified of enlistment at any time and the malicious cycle subject to criminal punishment due to refusal of the performance