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

Punishment of the crime

The Defendant is a new witness in women’s family and is a person subject to enlistment in active duty service.

On June 17, 2014, the Defendant was issued a notice to enlistment in active duty service with the name of the director of the regional military manpower office in the army training center located in the Cheongju-si, Cheongju-si, and 903 Dong 403, and on August 11, 2014, the Defendant did not enlist in the army without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing enlistment in active duty service, notice of enlistment in active duty service, and information of mail addressees;

1. As to criminal facts, Article 88(1)1 of the pertinent Act on the Military Service Act (amended by Act No. 88(1)1) states that a defendant refused military service based on one’s conscience. This is understood to the effect that the defendant asserts that he is not guilty on the ground of “justifiable cause” as prescribed by Article 88(1) of the Military Service Act. However, “justifiable cause” as prescribed by Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the acknowledgement of the performance of the duty itself. However, as long as there is a reason to justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, or any other reason that cannot be attributable to the non-performance of the duty of military service (see, e.g., Supreme Court Decision 2003Do5365, Dec. 26, 2003).