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

Punishment of the crime

On October 28, 2013, the Defendant did not, without justifiable grounds, enlist in the military service on the ground that he was sent a written notice of enlistment from the Defendant’s house located in Jung-gu Incheon Metropolitan City B apartment 106, 402 to the Incheon Gyeonggi District Military Manpower Office on the ground that he was sent by the Defendant’s father C, despite being given notice of enlistment from the Defendant’s father C of the military military manpower office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act or subordinate statute to be entered in a written accusation, a written notification sent to the Military Manpower Administration, military register inquiry, additional enlistment notice, and conscription register;

1. The reasoning for sentencing of Article 88(1)1 of the pertinent Act on criminal facts lies in the following: (a) the Defendant, who is a believers of a D religious organization, refuses to enlist in active duty service in accordance with the order of conscience in accordance with such religious doctrine; (b) but does not provide for special cases that may substitute enlistment in active duty service for those who refuse to serve in active duty service on grounds of the freedom of conscience under the Military Service Act; (c) the foregoing reason does not constitute justifiable grounds for refusing enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, 2009Hun-Ga7, 209Hun-Ga7, 2010Hun-Ba16, 37, 2008Hun-Ba3, 2009Hun-Ba3, 2011Hun-Ba16, supra; and (d) the Defendant, who is likely to be exempted from military service again under Article 16(16) of the current Military Service Act.