Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The defendant is a person subject to enlistment in active service, and the defendant's dwelling at C, 104 Dong 604, Dong 604, around July 30, 2015, and the same year.

8. On 25. 25. A notice of enlistment in the military service under the name of the head of the Gyeong-nam Regional Military Affairs Administration that the enlistment should be filled in as a supplement to 102, but the arms required did not enlist without justifiable grounds until three days from the date of entry into the military on the ground that the enlistment was contrary to his religious belief.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to notify enlistment in active duty service, details of delivery, and notification sent to the Military Manpower Administration;

1. The defendant and his defense counsel's assertion about criminal facts under Article 88 (1) 1 of the pertinent Act on the grounds that the defendant and his defense counsel refused to enlist in active duty service according to a religious conscience as a "synovas witness". The defendant asserts that such refusal of military service constitutes "justifiable cause" under Article 88 (1) of the Military Service Act or "justifiable cause" under Article 88 (1) of the same Act, and that the defendant is not liable as there is no possibility

However, it is entirely impossible for a person who conscientious objection to military service based on a religious conscience to be subject to justifiable grounds under Article 88(1) of the Military Service Act, or to proceed to lawful acts by the decision of conscience.

Therefore, the above argument is without merit (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.).

The reason for sentencing seems to be difficult to expect that the defendant would actually fulfill his duty of military service since the defendant refuses enlistment in accordance with religious belief. In addition, all kinds of sentencing conditions, such as the defendant's age, sex, environment, motive for committing a crime, and circumstances after committing a crime, shall be determined as ordered by the disposition.