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

Punishment of the crime

On October 21, 2014, the Defendant received a notice of enlistment in the active duty service under the name of the director of the regional military manpower office of the Gyeonggi-do regional military manpower office to enlistment in the Army Training Center located in Pyeongtaek-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, by November 24, 2014, which is the Defendant’s dwelling place.

Nevertheless, the defendant did not enlist in the military without any justifiable reason within three days from the date of enlistment on the ground that he was the believers of women and the witness.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to inquire into domestic registration/mail, military register inquiry, enlistment in active service, and notification;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts to the effect that the Defendant, as a witness with good faith, refused enlistment in active duty service according to an conscience order in accordance with the religious doctrine, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

Under the current positive law, no exception exists to substitute enlistment in active service against a person who refuses enlistment in active service on grounds of the freedom of conscience under the Military Service Act, the aforementioned grounds alleged by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, Aug. 30, 201); thus, the Defendant’s assertion cannot be accepted.

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 under the current law on the reason for sentencing, 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 will be notified of enlistment at the same time and that the malicious circulation subject to criminal