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 subject to enlistment in active duty as a religious believers B.

The Defendant, at around September 15, 2017, issued a notice of enlistment in active service under the name of the head of the regional military affairs office, to the 21st unit of the Army until October 16, 2017, at the Defendant’s house located in Yongsan-si apartment C, and the Defendant’s house located in the head of the regional military affairs office, did not enlist for the period of three days from the date of the enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the notice of enlistment in active duty service, list of those not enlisted in active duty service, and receipt certificate;

1. Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as constituting justifiable grounds under Article 88(1)1 of the Military Service Act [the refusal of enlistment on the grounds of conscience and freedom of religion under the interpretation of the Constitution of the Republic of Korea and the Military Service Act cannot be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act] of the same Act on the grounds of sentencing, 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 will be notified of enlistment at any time and the malicious cycle subject to criminal punishment due to refusal of the performance