Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

Although the Defendant received a written notice of enlistment from the Defendant’s mother C to “be enlisted as an association on August 20, 2017” on July 12, 2017, 511, 1203, Nam-gu Incheon Metropolitan City, Incheon, for enlistment, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements of D;

1. Application of a copy of the notice of additional enlistment in active duty service, a copy of the details of delivery, and a copy of the notice statutes;

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 that there exists no intention to evade military service, on the grounds that he/she, as a new witness to “hyh”, was not enlisted in active duty service according to his/her religious conscience, and thus, he/she has justifiable grounds for not enlistment, and that he/she intends to perform alternative duty,

However, under the current positive law, a person who refuses enlistment in active duty service on the ground of freedom of conscience does not have any special exception to enlistment in active duty service, and the grounds alleged by the Defendant do not constitute justifiable grounds for not enlistment in active duty service (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do7941, Dec. 27, 2007; 2008Hun-Ga22, Aug. 30, 201; 2008Hun-Ga, etc.). Under the present situation where the National Assembly representing a large number of people’s representative fails to prepare alternative uniforms up to the present day, there is an intention of the Defendant to wish to substitute for active duty service.

Therefore, it is difficult to view that the defendant has no intention to evade the duty of military service under the current Military Service Act.

Therefore, the defendant's assertion is not accepted.

The reason for sentencing is that the defendant refuses to fulfill his military duty according to religious conscience.

In reality, it is difficult to expect the performance of military service.