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 service, and is a witness of women and children.

On January 30, 2016, the Defendant received a written notice of enlistment from the head of the Daegu-do Military Manpower Administration to enlistment in the 50 association located in the Daegu-gu North Korean Military Manpower Administration from the Defendant’s house located in Busan-si B lending 2 and 102 until March 29, 2016, and did not enlist until April 1, 2016, for which three days have passed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts clearly expresses the defendant's intention to refuse enlistment in accordance with religious faith, and if the defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of imprisonment with prison labor for less than one year and six months under the current law, there is a possibility that the defendant will refuse enlistment and lead a prison life by again refusing enlistment, the defendant is the primary offender, and the court's sentencing guidelines for the same case shall be determined as the order.