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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On July 2012, the Defendant is a person in active duty service who was sentenced to Grade III physical examination by the Military Manpower Administration in the Chungcheongbuk District Military Manpower Administration.
On November 19, 2015, the Defendant received a notice of enlistment in the active duty service under the name of the head of the Cheongbuk-gu Military Manpower Administration to enlistment in the Army Training Center located in Busan-si as of December 21, 2015, which is the Defendant’s residence on November 19, 2015, but failed to enlist within three days from the date of enlistment without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation issued by the Military Manpower Administration and a written accusation filed by D;
1. Application of statutes to a written notice of enlistment in active duty service, notice of additional enlistment in active duty service, or inquiry about delivery;
1. In light of the defendant's religious belief on the reason of sentencing under Article 88 (1) 1 of the pertinent Act as to criminal facts, it appears difficult to expect the defendant to perform his duty of military service in light of the defendant's religious belief. Only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for not less than one year and six months is subject to enlistment for the second citizen, and if the defendant is sentenced to a lower sentence, there is a possibility that the defendant would be punished by refusing enlistment at the same time; the defendant has no criminal history; the defendant has no record of crime; the defendant's age, occupation, sex, family relationship; and other circumstances before and after the crime shall be determined as ordered in consideration of the defendant's age, occupation, sex, family relationship, etc., and
Since the court's detention is not visible, the court's detention is not possible.