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

Punishment of the crime

The Defendant is a person in active duty service.

On October 17, 2016, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds, on the ground that he was an active enlistment notice under the name of the head of the Military Affairs Administration of the Republic of Korea on November 7, 2016, on the ground that he was sent to the Korea Army Training Center in Chungcheongnam-gu, 205 and 1301.

Summary of Evidence

1. Statement by the defendant in court;

(a)a written accusation or a written accusation;

1. Application of Acts and subordinate statutes to the public notice of additional enlistment in active duty service;

1. Article 88(1)1 of the pertinent Act on criminal facts of the Military Service Act [the refusal of enlistment on the grounds of conscience and religious freedom cannot be deemed justifiable grounds under the interpretation of the Constitution of the Republic of Korea and the provisions of the Military Service Act] Article 88(1)1 of the said Act on the grounds of sentencing cannot be deemed to constitute justifiable grounds under Article 88(1)1 of the said Act] 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 would be notified of enlistment at any time, and the defendant may be subject to criminal punishment due to refusal to perform the duty of military service