Although the Defendant is required to enlist in active duty service within three days from the date of enlistment, the Defendant was notified of enlistment in active duty service on October 12, 2016 at the Defendant’s office located in Seo-gu Incheon apartment and the Defendant’s office located in Dong 102 Dong 401, to eight associations located in Seocheon-do, Gyeonggi-do, on November 29, 2016 through e-mail as the Defendant agreed in advance. However, the Defendant failed to enlist in active duty service without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Application of statutes governing enlistment in active duty service;

1. Article 88(1)1 of the pertinent Act on criminal facts asserts to the effect that an act of refusing enlistment in active duty service constitutes “justifiable cause” under Article 88(1)1 of the Military Service Act, which is a witness in line with a religious conscience, refuses enlistment in active duty service according to a religious conscience, and such right to refuse enlistment in active duty service is guaranteed by the Constitution.

However, religious objection to military service based on conscience does not constitute “justifiable cause” as provided for in the Military Service Act as an exception to punishment (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.), and such assertion is rejected).

The reason for sentencing seems to be difficult to expect that the defendant will fulfill his military service in the future because the defendant refuses to enlist in the military according to religious belief.

In this situation, when a defendant is sentenced to imprisonment with prison labor for less than one year and six months under the current law or the suspension of the execution of such imprisonment with prison labor, the defendant shall be sentenced to a minimum sentence that meets the requirements for exemption from military service in consideration of the fact that the defendant is notified of enlistment at the same time and that the malicious circulation subject to criminal punishment is likely to repeat.