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 duty as a religious believers B.

On August 21, 2017, the Defendant: (a) from the Defendant’s office located in Masung C and D around August 21, 2017, “be enlisted in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do by September 25, 2017”; and (b) was delivered to the Defendant’s mother, via E, a notice of enlistment in the active service under the name of the Administrator of the Military Affairs Administration, the Defendant did not enlist until three days from the date of the enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes to file an accusation, notify of additional enlistment in active duty service, list of enlistment persons who have not enlisted in active duty service, inquiries about delivery of registered mail, notification sent to the Military Manpower Administration, and written confirmation

1. Article 88(1)1 of the pertinent Act on criminal facts (see, e.g., Constitutional Court and the Military Service Act, the refusal of enlistment on the ground of conscience and religious freedom cannot be deemed as a justifiable ground under Article 88(1) of the Military Service Act in interpreting the provisions of the Constitution and the Military Service Act);