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

Punishment of the crime

The defendant is a person in active duty service.

On September 22, 2017, the Defendant received a notice of enlistment in the active duty service under the name of the head of the Gyeonggi-gu North Korean Branch Office to enlistment in the association 7 association from the Defendant’s residence located in Seoyang-gu Incheon Metropolitan City B apartment C, to October 31, 2017, and did not enlist until November 3, 2017, for which three days have passed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A written accusation;

1. Application of statutes to notification of enlistment in active duty service, and notification sent to the Military Manpower Administration;

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 asserts to the effect that the Defendant’s refusal of military service according to the Defendant’s religious conscience is justifiable as an act based on the rights guaranteed by Article 18 of the International Covenant on Civil and Political Rights and Article 19 of the Constitution.

However, the act of refusing enlistment on the ground of a religious belief cannot be deemed as “justifiable cause” under the main sentence of Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do7941, Dec. 27, 2007); and the above assertion is rejected.

Considering the fact that the defendant's reason for sentencing results in the crime of this case according to his religious conscience, the defendant is sentenced to the same punishment as the disposition that satisfies the requirements for exemption from military service, in consideration of the fact that where the defendant is sentenced to a suspended sentence of imprisonment for not more than one year and six months or to a suspended sentence of imprisonment for not more than one year and six months under the current law, the defendant is notified of enlistment at the same time

Even if a sentence is imposed, the defendant shall not be subject to statutory detention in consideration of the fact that there is no possibility to destroy evidence and there is no possibility to flee.