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

Punishment of the crime

As a person subject to enlistment in active duty service, the Defendant did not enlist in the Incheon Gyeonggi-do, Seo-gu, Incheon on July 17, 2015, 507, 1404 through 102 supplementary units located in the Chuncheon-si, Incheon-si on September 1, 2015 without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to accusation, military register inquiry, and enlistment in active duty service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts that the Defendant, as a new witness, refused enlistment in active duty service according to an order of conscience in accordance with the religious doctrine, and that such reason for refusal constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

Under the current positive law that does not provide for special cases that can substitute enlistment in active service for those who refuse enlistment in active service on grounds of religious belief under the Military Service Act, the above reasons asserted by the defendant do not constitute justifiable grounds for refusal of enlistment. Therefore, the above argument by the defendant is difficult to accept.

Under the current law that does not recognize the alternative military service system for conscientious objectors on the grounds of sentencing, punishment against the accused is inevitable.

However, according to Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act, in case of convicted prisoners, only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for at least one year and six months is subject to enlistment in the second citizen service, and if a defendant is sentenced to a lower sentence, in light of the defendant's statement and attitude of the defendant refusing military enlistment, it is likely that the defendant will be punished because he would be subject to a lower sentence, and thus, it is likely that minor punishment would be disadvantageous to the defendant.