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

Punishment of the crime

Upon receipt of a notice of enlistment in active duty service of a person subject to enlistment, the defendant shall enlist within three days from the date of enlistment.

Nevertheless, even though the defendant received a written notice of enlistment in active service from the office of the defendant in the Nam-gu Incheon Metropolitan City apartment B apartment, the defendant's house in the Dong-gu Incheon Metropolitan City B apartment, and the defendant's house in subparagraph C, and from February 20, 2018 to the five association located in the Nam-gu Incheon Metropolitan City Nowon-ro 76, the defendant did not enlist without justifiable grounds for a period of three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Under the current law, it is inevitable to punish the defendant under the current law that does not recognize the alternative non-refluence of conscientious objectors with the reason for sentencing under Article 88(1)1 of the Military Service Act regarding criminal facts.

Since the defendant refuses to enlist in the military in accordance with religious belief, it is difficult to expect that the defendant will fulfill his military service in the future, and considering the fact that the main sentence of Article 136(1)2 (a) of the Enforcement Decree of the Military Service Act provides that a person who has been sentenced to imprisonment or imprisonment without prison labor for at least one year and six months may be transferred to the second citizen’s station, the defendant is sentenced to the same punishment as the order.

Judgment on Defendant’s argument

1. The gist of the assertion is that the Defendant, as the believers of D Religious Organization, refused to perform military service according to religious conscience, which constitutes “justifiable cause” that does not enlist in the military service pursuant to Article 88(1) of the Military Service Act.

In addition, there is no intention to evade enlistment because one defendant wishes to serve as a substitute.

2. Determination

A. The “justifiable cause” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of the performance of the duty itself. However, the reason that justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, such as illness, cannot be attributable to the person who committed the duty of military service.