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

Punishment of the crime

On October 6, 2014, the Defendant, as a person to be enlisted for active duty service, was in violation of his religious belief, which is a new witness, in the name of Seongdong-gu Seoul and 102 Dong 411, at the Defendant’s house located in Seongdong-gu Seoul and 102 Dong 411, through his father’s father on November 24, 2014.

Accordingly, even after receiving the notice of enlistment in active duty service, the Defendant did not enlist on the date of enlistment in active duty service without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Notice of enlistment in active duty service, and domestic registration/mail delivery;

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

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant’s defense counsel asserts that imposing the Defendant’s total duty of military service on the Defendant is forced to commit an act contrary to the Defendant’s religious belief, and that the Defendant is not responsible for the lawful act, as there is no possibility of expectation

However, it cannot be deemed entirely impossible for a conscientious objector to proceed to a lawful act by a conscientious decision (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Therefore, the foregoing assertion is difficult to accept.

The reason for sentencing is that the defendant refuses enlistment according to religious belief, and thus it is difficult to expect the performance of military service.

Therefore, the sentence of a sentence that meets the requirements for exemption from military service is sentenced, but the defendant is not guilty, and there is no possibility of destruction of evidence or escape.