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 in active duty service.

On October 1, 2012, the Defendant directly received the notice of enlistment in active duty service under the name of the director of the Daegu-do regional military manpower office to enlist in the Defendant’s office located in the Northern-si B apartment No. 103 905, and on November 27, 2012, in the 306 Supplementary Dong located in Yongsan-dong, the Government of Gyeonggi-do, the Government of Gyeonggi-do.

Nevertheless, the defendant did not enlist in the above supplementary team for religious reasons (C) by the time when the three-day period from the above enlistment date expires.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing the filing of an accusation and enlistment notice;

1. Under the current legal system that does not recognize the alternative military service system for conscientious objectors, such as the Defendant for the reason of sentencing under Article 88(1)1 of the Military Service Act regarding criminal facts, punishment against the Defendant is inevitable.

Considering the equity and period of military service with other persons liable for military service who are entering the military and faithfully performing the duty of military service, the following circumstances are considered: (a) Defendant has caused the instant crime on the grounds of religious conscience; (b) Defendant has no record of criminal punishment; and (c) there are social discussions on the necessity of the alternative military service system for conscientious objectors.

However, in light of the characteristics of the instant crime and the attitude of the Defendant toward the investigation and trial, even if a sentence is imposed, it cannot be seen that the Defendant is likely to flee, and thus, the statutory detention is not allowed.