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

Punishment of the crime

At around 19:57 on June 6, 2013, the Defendant, a person subject to enlistment in active duty service, sent a notice of enlistment in the name of the director of the Incheon District Military Manpower Office to enlistment in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and on July 15, 2013, to the Army Training Center located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and confirmed it as a mail, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A fact-finding certificate of C, D, and E;

1. Application of Acts and subordinate statutes to accusation and military register inquiry;

1. The Defendant asserts to the effect that, inasmuch as he refused military service according to a religious conscience guaranteed by the Constitution as he was a new witness, the Defendant’s reasoning for the determination and sentencing of the Defendant’s assertion as to criminal facts under Article 88(1)1 of the pertinent Act on criminal facts falls under “justifiable cause” under 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