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 service.

On June 2016, the Defendant received a notice of enlistment in the name of the head of the Incheon Military Manpower Branch Office that “be enlisted in the Army Training Center on August 29, 2016 at the Yeonsu-gu Incheon Metropolitan Government B apartment 606 Dong 801, and the Defendant’s house at the Defendant’s office, but did not enlist by not later than three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

1. Article 88(1)1 of the relevant Act on Criminal Crimes provides that the Defendant, a new witness, refused to enlist in active duty service according to his religious conscience and the right to conscientious objection is guaranteed by the Constitution. As such, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” as provided by Article 88(1) of the Military Service Act. However, conscientious objection based on a religious conscience does not constitute “justifiable cause” as provided by the exception to punishment under the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Therefore, the foregoing assertion is not acceptable.) The Defendant’s reason for sentencing is refusing enlistment in accordance with a religious faith, and thus it is difficult to expect that the Defendant will actually fulfill his duty to serve in active duty.

In such a situation, when a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor, considering the fact that the defendant is notified of enlistment at the same time and that the malicious circulation subject to criminal punishment is likely to repeat, the defendant shall be sentenced to a minimum sentence meeting the requirements for exemption from military service. However, there is no possibility that the defendant might destroy evidence or flee, and thus, the court detention