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

Punishment of the crime

The Defendant, as a person subject to enlistment in active duty service on October 29, 2016, was by electronic mail from the Defendant’s office located in Kimhae-si B, 202 Dong 405 around 20, 201, to “be enlisted in the 17th association of Bupyeong-gu Incheon Metropolitan City by December 12, 2016,” but was notified of enlistment in active duty service under the name of the head of the regional military affairs office of Bupyeong-gu, Incheon Metropolitan City, the Defendant 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 written accusation;

1. Application of Acts and subordinate statutes to a copy of the notice of enlistment in active duty service, list of active duty service, and e-mail perusal document of notice of enlistment in active duty service;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is that the Defendant refuses to enlist according to his religious conscience. However, the Defendant’s punishment against the Defendant is inevitable under the current law that does not recognize the alternative return system for conscientious objectors.

However, the defendant is sentenced to the same punishment as the order in consideration of the fact that he/she has caused the crime of this case according to his/her religious conscience and has no record of criminal disposition; however, it is likely that the defendant has destroyed or may flee evidence.

No legal detention shall be made because it is not visible.