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 who is subject to enlistment in active duty service.

On December 19, 2013, the Defendant received a notice of enlistment in the name of the director of the regional military manpower office in the name of Gyeongnam Military Manpower Office to enlist in the military on December 19, 2013 at the defendant's office located in the window C, 201 Dong 902, and on January 21, 2014, and did not enlist even after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as a believers of a religious organization, refused military service according to the religious conscience guaranteed by the Constitution.

The above argument by the defendant does not constitute justifiable grounds under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Thus, the above argument cannot be accepted.

It is so decided as per Disposition for the above reasons.