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.

A person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

On May 9, 2016, the Defendant, at around 12:54, received a notice of enlistment in active duty service under the name of the head of the Incheon Military Branch Office to enlistment in the 17th National University Military Education Team located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon on June 21, 2016, but did not enlistment without justifiable grounds.

Accordingly, the defendant evaded enlistment in active duty service without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a written accusation, materials related to notification of enlistment in active duty service, and notification sent to the Military Manpower Administration;

1. Article 88 (1) 1 of the pertinent Act on Criminal Facts provides that the Defendant, who is the Defendant, “E”, refused to enlist in active duty service according to his religious conscience, and such right to refuse to enlist in active duty service is guaranteed by the Constitution. Thus, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, religious objection to military service according to conscience does not constitute “justifiable cause” as provided for in the Military Service Act as an exception to punishment (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004), and such assertion is rejected).

The reason for sentencing seems to be difficult to expect that the defendant will fulfill his military service in the future because the defendant refuses to enlist in the military according to religious belief.

In this situation, in consideration of the fact that if the defendant is sentenced to a sentence of imprisonment for less than one year and six months under the current law or the suspension of the execution of such imprisonment, the defendant will be notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will be repeated.