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

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

On May 2, 2017, the Defendant received a written notice of enlistment from C by registered mail to the Defendant’s office located in Seongbuk-gu, Sungwon-si, Sungwon-si, and the 39 B B military service association located in the Gyeongnam-gun, Chungcheongnam-do, by June 27, 2017, and received the written notice of enlistment by the head of the regional military service headquarters, but failed to enlist, without justifiable grounds, by not later than three days after the date of the said enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A public notice of enlistment in active duty service;

1. Application of statutes on the current status of postal delivery;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant’s assertion as to the Defendant’s assertion regarding the crime is justifiable as he/she refused enlistment in active duty service in accordance with a religious belief as a witness with a religious belief.

However, the circumstance that the defendant asserts that there is a justifiable reason for the defendant.

It cannot be seen (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). It is difficult to expect that the defendant will perform the real duty of military service with the reason for sentencing, but considering the term of punishment in compliance with the requirements for exemption from military service of convicted prisoners, the defendant may destroy evidence or flee.

No legal detention shall be made because it is not visible.