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

Punishment of the crime

The Defendant is a believers of the religious organization B. The Defendant was issued a notice of enlistment in the name of the director of the regional military manpower office at the time of enlistment on September 12, 2013, and on November 5, 2013, the Defendant did not enlist in the military on the 8th day of the same month after the date on which three days elapsed from the date of enlistment, even though he received a notice of enlistment in the name of the director of the regional military manpower office at the 39 army located in the counter of the city of Changwon-si from September 12, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as the B church believers, refused military service according to the religious conscience guaranteed by the Constitution.

The above argument by the defendant does not constitute justifiable grounds under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Thus, the above argument cannot be accepted.

It is so decided as per Disposition for the above reasons.