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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant, as a person subject to enlistment in active duty service on February 28, 2013, received a notice of enlistment in active duty service from the Defendant’s mother C to April 2, 2013 through the Defendant’s mother C from the Defendant’s house located in Pyeongtaek-si B, 101 Dong 1105 on April 2, 2013, but did not immediately enlist until April 5, 2013 after three days from the date of enlistment.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes concerning the written accusation, the domestic registration inquiry, the military service inquiry, and the additional enlistment notification;
1. The Defendant asserts that his refusal to enlist in accordance with his religious belief constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act to the effect that the Defendant’s determination on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act constitutes “justifiable cause” of refusal to enlist.
However, under the current positive law that does not provide for special cases that can substitute enlistment in active service against a person who refuses enlistment in the Military Service Act on the grounds of freedom of conscience, the argument by the Defendant does 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 suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that when the defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months, the defendant is notified of enlistment at the same time and that the malicious circulation subject to a criminal disposition is likely to repeat,