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

Punishment of the crime

On December 11, 2014, the Defendant issued a notice of enlistment in active service under the name of the head of the Gyeonggi-do Military Manpower Branch Office of Gyeonggi-do on January 12, 2015, to the Army Training Center located in the Geumsan-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to enlistment in the army training center, which was seven-six-six days before the Government of the Republic of Korea on December 11, 2014, but failed to enlist without justifiable grounds by the third day from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a charge (including attached documents);

1. The defendant and his defense counsel's assertion on criminal facts as to the defendant and his defense counsel under Article 88 (1) 1 of the relevant Article of the Military Service Act alleged to the purport that the defendant's refusal to enlist in the military according to a religious faith as a "syh's witness" and thus there exists a justifiable reason for refusing enlistment. However, the refusal to enlist on the ground of a religious faith cannot be viewed as "justifiable reason" under the main sentence of Article 88 (1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do7941, Dec. 27, 2007; Supreme Court Decision 2007Do8187, Nov. 29, 2007); and the above assertion is rejected.

The reason for sentencing was determined in consideration of all the circumstances such as the possibility that the defendant would be punished again, equity with other persons liable for military service, etc.