A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is a religious organization believers subject to enlistment in active duty service. Around May 21, 2012, the Defendant issued a notice of enlistment in the name of the Gyeonggi Northern Military Manpower Branch Office to enlistment in the 306 Supplementary Zone located in Maran-dong from the Defendant’s home located in Macheon-si to June 26, 2012, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel's assertion on the defendant's statement made by the accuser and his defense counsel asserted that there exists a justifiable reason to refuse enlistment since the defendant refused enlistment according to conscience. However, conscientious objection according to conscience does not constitute a justifiable reason to refuse military service.

(see, e.g., Supreme Court Decision 2011Do1759, Nov. 24, 2011). Application of statutes

1. Article 88 (1) 1 of the relevant Act on criminal facts;