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

Punishment of the crime

Defendant

A person subject to enlistment in active duty service and a person who has received a notice of enlistment in active duty service shall not be enlisted in the military service without justifiable grounds for the lapse of three days from the date of enlistment. However, on October 5, 2016, at the defendant's house located in Seo-gu Incheon, Seo-gu, Incheon, 121 Dong 3301, through C, the Defendant's mother, the Defendant's mother, the Defendant was notified of enlistment in active duty service at the Army Training Center located in Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, without justifiable grounds, but failed to enlist within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on a written accusation, a written accusation, a list of persons notified of enlistment, and the details of sending a registration of enlistment notice to the military. [The Defendant, as a witness of women and children, refused enlistment in active duty service in accordance with religious belief and has justifiable grounds;

However, the circumstance that the defendant asserts that there is a justifiable reason for the defendant.

Nor can it be viewed (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). Application of statutes

1. In the event that a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor for a period of less than one year and six months under the current Act on the grounds of sentencing under Article 88 (1) 1 of the pertinent Act on criminal facts, a minimum sentence that meets the requirements for exemption from military service can be imposed on the defendant in the event that the defendant is notified of enlistment at the same time and that the malicious cycle that is subject to criminal punishment is repeated, and there is concern about

Since the court's detention is not visible, the court's detention is not possible.