The Defendant, at the Buddhist Land of July 14, 2015, was the same year.

8. On the 21st day of the same month, a notice of enlistment in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-do was issued, but did not enlist without good cause until the 21st day of the same month after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

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

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the Criminal Act concerning criminal facts

1. The Defendant’s act of refusing enlistment according to a religious conscience, which is the main point of the assertion, is the right to guarantee the freedom of conscience under Article 19 of the Constitution, and thus, constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The Constitutional Court ruled that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment in relation to conscientious objection according to so-called conscience, does not violate the Constitution that provides for the freedom of conscience, etc. (see Constitutional Court Order 2002HunGa1, Aug. 26, 2004; Constitutional Court Order 2008HunGa22, Aug. 30, 201). The Supreme Court ruled to the effect that conscientious objection according to conscience does not constitute “justifiable cause” as an exception to punishment under Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 delivered on July 15, 2004). The defendant's above assertion is without merit contrary to the purport of the Constitutional Court decision and the Supreme Court decision, and thus, it cannot be accepted.

The reason for sentencing is that the defendant refuses enlistment according to his religious conscience, and even after he refuses enlistment, it is difficult to expect that the defendant will actually fulfill his military duty.

In this situation, if the defendant is sentenced to a suspended sentence of imprisonment or imprisonment for less than one year and six months, the defendant will be notified of enlistment at the same time, and if the defendant refuses to enlist, he will be subject to criminal punishment again.