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

Punishment of the crime

On May 16, 2013, the Defendant received a notice of enlistment in active duty service under the name of the director of the Daegu-do regional military manpower office to enlistment in the 306 supplementary units located in the Dong-dong of the Government of Gyeonggi-do on July 16, 2013 from the Defendant’s house located in Yongcheon-si B.

Nevertheless, the defendant did not enlist in the military even three days after the date of enlistment without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant refused to enlist in active duty service according to a religious conscience. This assertion constitutes “justifiable cause” under Article 88(1) of the Military Service Act. However, conscientious objection according to a religious conscience may not be deemed to include justifiable cause under Article 88(1) of the same Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is without merit.