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

Criminal facts

Although the Defendant received a written notice of enlistment in active service under the name of the head of the regional military affairs administration of Gyeong-nam District Office to enlistment in around July 30, 2015, the Defendant was a person subject to enlistment in military service, and the Defendant did not, without justifiable grounds, enlist within three days from the date of entry into military service to the date of his religious belief, on the ground that: (a) the Defendant received a written notice of enlistment in military service under the name of the head of the regional military affairs administration of Gyeong-nam District Office to enlistment in the military on August 25, 2015; and (b) the Defendant was against his religious belief.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A certificate of enlistment in active duty service, and delivery;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. Determination as to the assertion by the Defendant and the defense counsel regarding criminal facts under Article 88(1)1 of the relevant Act

1. The defendant asserts that he refused to enlist in active duty service according to his religious conscience as a religious believers, a female witness, and that such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. However, it cannot be deemed that the conscientious objection under the above religious conscience constitutes justifiable grounds under Article 88(1) of the Military Service Act (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201; Supreme Court Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do7941, Dec. 27, 2007; Supreme Court Decision 2008Do3242, Jun. 26, 2008); and the above assertion by the defendant cannot be accepted.

Since the defendant refuses enlistment according to religious belief, it is difficult to expect that the defendant will fulfill his duty of military service.

Therefore, the minimum sentence of imprisonment for military service exemption requirements is sentenced, and there is a possibility of destroying evidence or escape.

Since it is not visible, there is no statutory detention.