병역법위반
Defendant shall be punished by imprisonment for a term of one year and six months.
Punishment of the crime
On October 12, 2016, the Defendant, as a person subject to enlistment in active duty service, received a notice of enlistment in active duty service under the name of the head of the regional military affairs office in the name of the head of the Gyeong-nam regional military affairs and did not enlist within the designated date without justifiable grounds, to be enlisted as the Army Training Center located in the Geum-gu, Seosan-si, Seosan-si, Seosan-si within three days from November 14, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. A written accusation, a written statement, a person subject to notice of enlistment, a detailed information on the result of delivery, a notice sent to the Military Manpower Administration, and the application of statutes and applicable numbers;
1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that he refused enlistment in active duty service according to his religious conscience as a religious believers, who is a female witness, and that such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
However, it cannot be deemed that the conscientious objection pursuant to the above religious conscience constitutes justifiable grounds under Article 88(1) of the Military Service Act (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201; Supreme Court Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do7941, Dec. 27, 2007; Supreme Court Decision 2008Do3242, Jun. 26, 2008); and the above assertion by the defendant cannot be accepted.
It is difficult to expect that the defendant who refuses to enlist in the military according to the religious belief on the reason of sentencing will perform military service.
Therefore, the minimum sentence of imprisonment for military service exemption requirements is sentenced, and there is a possibility of destroying evidence or escape.
Since it is not visible, there is no statutory detention.