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

Punishment of the crime

A person who has received a written notice of enlistment in active service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

around 13:00 on July 17, 2013, at the house of the defendant, who was in the B apartment No. 401 Dong 909, the same year.

8. Even though he received a written notice of enlistment in the active service in the name of the director of the regional military manpower office in the name of the defendant's religious organization to enlist in the 102 Supplementary unit located in the Yongsan-gu Incheon Metropolitan City, Chungcheongnam-do, Gangwon-do, and the enlistment in the Gun was not conducted until August 30, 2013 after three days from the date of the above enlistment, on the ground that the enlistment in the Gun goes against the doctrine of the C

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to enlistment notice, registered mail inquiry, and military register inquiry;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)2 of the relevant Act, the Defendant asserts to the effect that the Defendant, as a believers of a C religious organization, refused enlistment in active duty service in accordance with the religious doctrine, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

Under the current positive law that does not provide for an exception to alternative enlistment for a person who refuses enlistment in active service on the grounds of freedom of conscience under the Military Service Act, the aforementioned reasons alleged by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Accordingly, the Defendant’s assertion cannot be accepted.

The reason for sentencing is that the defendant refused to enlist in the military in order to not undergo military training, etc. according to his conscience and religious belief, and does not seem to have any anti-state or anti-social inclination, and there is no criminal conviction.

However, the purpose of Article 88 (1) of the Military Service Act is to secure the performance of the duty of military service, which is the duty of the people under the Constitution.