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

Punishment of the crime

The Defendant, as the believers of a religious organization B, was issued a written notice of enlistment in active duty service under the name of the director of the regional military manpower office in the Gyeongnam Military Training Center, to the Defendant’s house located in C on August 16, 2013, and until October 14, 2013, the Defendant did not, without justifiable grounds, enlist by not later than three days after the date of said enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Statement of the accuser;

1. Application of Acts and subordinate statutes of the enlistment notice, receipt, registration and inquiry;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant statutory provisions on the Military Service Act is in accordance with the religious doctrine and thus, the Defendant refused enlistment in active duty service according to the order of conscience as stated in its reasoning. Since the Defendant’s assertion that such reason for refusal of enlistment in active duty service constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, it is examined as follows: (a) under the current positive law that does not provide for special cases where a person who refuses enlistment in active duty service on grounds of religious belief under the Military Service Act does not substitute enlistment in active duty service; and (b) such ground alleged by the Defendant does not constitute justifiable cause for refusal of enlistment (see, e.g., Supreme Court Decisions 2011Do1759, Nov. 24, 201; 2008Hun-Ga22, 2009Hun-Ba74, 2010; 16, 3010Hun-Ba36, Ba20136, etc.

The reason for sentencing is that the defendant refused to enlist in the military according to religious belief and that the alternative military service system has not yet been established despite the need has been raised several times, but the defendant seems not to perform his duty of military service in the future, in consideration of equity with the military service period, other similar cases, the defendant's age, character and conduct, and environment, and all the conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and environment, etc.