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 subject to enlistment in active service.

The Defendant, at around 14:00 on August 14, 2013, received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-nam District of Gwangju-si to enlistment from the Defendant’s house of Gwangju-si B apartment 502 Dong 603 to October 14:00 on October 1, 2013, and did not enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Fact-finding on the Defendant’s assertion on criminal facts and the reason for sentencing under Article 88(1)1 of the Military Service Act that the Defendant and his defense counsel did not enlist in the military as indicated in their reasoning. However, this assertion argues that the Defendant’s objection to military service based on the doctrine of “D religious organization” and conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

"Justifiable reason" under Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the acknowledgement of its performance. However, it should be deemed that there is a justifiable reason to refuse the performance of military service, such as illness, etc., in order to justify the non-performance of military service, which is specified by the decision of the Commissioner of the Military Manpower Administration, provided that, on the other hand, the right of a person who refuses to perform specific military service is guaranteed by the Constitution of the Republic of Korea, and the right of a person who refuses to perform the duty of military service is recognized as having superior constitutional value to the legislative purpose of the above Article 88 (1) of the Military Service Act, even if the punishment is imposed by the application of Article 88 (1) of the same Act, it would result in undue infringement of his constitutional right. Thus, in this case

On the other hand, Article 88(1) of the Military Service Act is stipulated.