Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On October 19, 2015, the Defendant issued a notice to enlistment in the military as a person subject to enlistment in the active duty service at the 39g group of Changwon-si, Changnam-gun, and the Defendant’s house located in Gyeongwon-si, from November 24, 2015 to November 14, 2015.

Nevertheless, the defendant did not enlist in the military without justifiable grounds until November 27, 2015, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the accuser or accuser;

1. Notice of enlistment in active duty service, and application of Acts and subordinate statutes to the ledger of delivery by mail, November 2015;

1. Article 88(1)1 of the relevant Act on Criminal Crimes cannot be deemed to constitute “justifiable cause” as provided for the exception to punishment under the Military Service Act, and the punishment of conscientious objectors is not an infringement on the freedom of conscience as provided for in Article 19 of the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). The reason for sentencing is that alternative military service for conscientious objectors is not recognized under the current law of the Republic of Korea where punishment against the Defendant is inevitable under the current law of the Republic of Korea.

As such, the sentence of a sentence shall be imposed on the defendant, and the defendant refused to enlist in active duty service under a peaceful and non-vic religious belief, the defendant has no criminal records, and the defendant has no criminal records, and the defendant has to impose a minimum sentence that meets the requirements for exemption from military service in consideration of all circumstances such as the defendant's age, character and conduct, environment and family relationship.

However, even if a sentence is sentenced, it cannot be seen that the defendant is likely to flee, so the court's detention is not allowed.