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

Punishment of the crime

The Defendant, as a new-do, was a person to be enlisted in active duty service, and was given notice of enlistment in the name of the director of the former North Korean military manpower office in the name of the former North Korean military manpower office on November 6, 2011 of the same year to the Defendant’s residence located in the following city C around October 8, 2012, but did not enlist within three days from the date of enlistment without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. Application of accusation, notification of enlistment in active duty service, list of persons to be enlisted in active duty service, and statutes of the Korea Registration Inquiry Agency;

1. The rationale for sentencing under Article 88(1)1 of the pertinent Act regarding criminal facts and Article 88(1)1 of the Military Service Act is that the Defendant refuses enlistment according to his religious belief and conscience; the Defendant has no record of criminal punishment; and the system has not yet been established despite the necessity of the alternative military service system for conscientious objectors.

However, the Defendant revealed that he did not wish to perform the duty of military service in the future. In light of the equity with other persons liable for military service who enter the military and faithfully perform the duty of military service, the period of military service, and the motive or circumstances leading to committing the instant crime, the age, character and conduct, environment, circumstances after committing the instant crime, etc., the sentence to be sentenced as ordered shall be determined as per Disposition,