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

In fact, the defendant was issued a written notice of enlistment in active duty service on October 20, 2014 through the defendant's house located in Sasi C on September 24, 2014, and the defendant was not enlisted without justifiable grounds for the lapse of three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation, written accusation, written statement, official document, inquiry of domestic registered recipients' information, written notice sent to the Military Manpower Administration, written confirmation of facts, and written notice of enlistment in active duty service;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is that the defendant refuses military service on the grounds of religion and conscience; the defendant has no criminal record; according to Article 5 of the Military Service Act and Article 136(1)2 of the Enforcement Decree of the Military Service Act, the defendant can be transferred to the second citizen service in the future only when he is sentenced to the maximum imprisonment of one year and six months; the defendant can be transferred to the second citizen service; the defendant's punishment and balance with the punishment for those who refuse military service on the same ground as the defendant; the defendant's age, character and behavior, intelligence and environment, family relationship, motive, means and consequence of the crime; and other various reasons for sentencing specified in the arguments of the instant case, such as the circumstances after the crime.