The defendant is a believers of religious organizations B and is a person subject to enlistment in active duty service.

On July 26, 2013, the Defendant confirmed the notice of enlistment in active duty service in the name of the director of the Daejeon District Military Manpower Office on September 9, 2013 and did not enter the army without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each written accusation, notice of enlistment in active duty service, military register inquiry, and confirmation of facts;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts that he/she, as a believers of a religious organization, refused enlistment in active service according to his/her religious doctrine in accordance with the order of conscience, and that such reason constitutes “justifiable cause” under the main sentence of Article 88(1) of the Military Service Act.

However, under the current positive law that does not provide for special cases that can substitute enlistment in active service for those who refuse enlistment in the Military Service Act on the grounds of religious belief, the aforementioned grounds alleged by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decision 201Do1759, Nov. 24, 201; Constitutional Court Decision 2008Hun-Ga22, 2009Hun-Ga7, 209Hun-Ga7, 24, 2010Hun-Ga16, 37, 208Hun-Ba103, 209Hun-Ba3, 2011Hun-Ba16, etc.). Therefore, the above argument by the Defendant cannot be accepted.

In light of the current law of the reason for sentencing, when a defendant is sentenced to a sentence of imprisonment for less than one year and six months or a suspended sentence of such imprisonment with prison labor, the defendant will be notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will repeat, the defendant will be sentenced to a minimum sentence meeting the requirements for exemption from military service