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

Punishment of the crime

The defendant is a female witness with a view to active duty service and is a person subject to enlistment in active duty service.

A person who has received a notice of enlistment in active duty service or call-up shall not be enlisted or shall not respond to the call-up, without justifiable grounds, for a period of three days after the date of enlistment or call-up.

On August 20, 2014, the Defendant received the enlistment notice from Busan regional military manpower office on October 14, 2014 to enlistment at Busan District Military Manpower Office on October 53, 2014, but failed to enlist for three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Under the current law, which does not recognize the alternative military service system for conscientious objectors with the reason of sentencing under Article 88(1)1 of the Military Service Act, which applies to B’s written accusation, the punishment against the Defendant is inevitable. It is so decided as per Disposition by the assent of all participating Justices, taking into account the following circumstances: (a) the Defendant committed the instant crime according to his/her religious belief; (b) the Defendant has no record of punishment; and (c) the Defendant’s age, character and conduct, environment, and family relationship, which are the conditions for sentencing