The Defendant is a person in active duty service.

On September 18, 2014, the Defendant received a notice of enlistment in the name of the director of the Korea Military Manpower Office in the name of Gyeongnam Military Manpower Office to enlistment from the Defendant’s office, No. 301, Sept. 18, 2014 to November 306, 2014, and did not, without justifiable grounds, enlist within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The defendant's assertion on criminal facts under Article 88 (1) 1 of the relevant Article of the Military Service Act concerning the purport that the defendant's refusal to enlist in the military according to a religious conscience is justifiable, since he/she is a member of the "shovah's Witness" who refuses enlistment.

In the interpretation of the current Constitution and the laws, the refusal of enlistment on the ground of religious belief and conscience cannot be deemed as a justifiable cause under Article 88(1) of the Military Service Act.

[See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004; Constitutional Court Decision 2008HunGa22, 2009HunGa7, 24, 2010HunGa16, 37, 2008HunBa103, 209HunBa3, 2011HunBa16, etc.]. Defendant’s assertion is rejected.

In consideration of the fact that the defendant's reason for sentencing led to the crime of this case according to religious conscience, the defendant shall be sentenced to the minimum punishment meeting the requirements for enlistment in the second citizen service prescribed by the Enforcement Decree of the Military Service Act.