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

Punishment of the crime

Although the Defendant received a notice of enlistment in active duty service under the name of the director of the Busan Regional Military Manpower Office in order to enlist in the Army Training Center located in Ulsan-gu, Ulsan-gu, Ulsan-gu, B apartment 1, 205 on July 10, 2012, and from August 27, 2012, the Defendant failed to enlist, without justifiable grounds, until August 30, 2012, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written accusation;

1. Application of notices sent to the Military Manpower Administration, enlistment in active duty service, and additional notification statutes;

1. The Defendant asserts to the effect that there exists “justifiable cause” under Article 88(1) of the Military Service Act, since the Defendant did not enlist in the military according to the religious belief as D’s believers, the Defendant asserts that there exists “justifiable cause” under Article 88(1) of the same Act.

In principle, “justifiable cause” as referred to in Article 88(1) is premised on the existence of the abstract military service and the confirmation of the performance of the duty of military service. However, it shall be deemed that there is a reason that can justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., a reason that is not attributable to the non-performance of the duty of military service, such as illness. Under the current positive law where there is no special exception that allows a refusal of enlistment in active service on the grounds of freedom of conscience in the Military Service Act to substitute for the enlistment in active service, Defendant’s assertion does not constitute a justifiable reason