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

Punishment of the crime

A person subject to enlistment in active duty service shall receive a written notice of enlistment in active duty service and shall not be enlisted within three days from the date of enlistment without justifiable grounds.

On July 17, 2013, the Defendant received a notice of enlistment in active duty service under the name of the director of the Daejeon District Military Manpower Office to enlistment in the 32 Sari-si located in Sejong-si, Sejong-si on August 27, 2013, and did not enlistment without justifiable grounds by the date three days have elapsed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of persons evading military service (an enlistment and refusal of total enlistment);

1. Where he/she performs active duty service, such as a notice of enlistment, parcel-post service;

1. Application of Acts and subordinate statutes governing military register inquiry;

1. The Defendant asserts that the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the relevant Article of the Military Service Act constitutes a “justifiable cause” under Article 88(1)1 of the same Act, and the Defendant, as a witness with good faith, refused enlistment in active duty service according to his conscience order in accordance with his religious doctrine, and the Defendant’s ground for refusal of military service constitutes “justifiable cause” under Article 88(1) of the same Act

Under the current positive law, no exception exists to substitute enlistment in active service against a person who refuses enlistment in active service on grounds of the freedom of conscience under the Military Service Act, the aforementioned grounds alleged by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, the Constitutional Court Decision 2009Hun-Ga7, 24, 2010Hun-Ga7, 209Hun-Ba16, 37, 208Hun-Ba103, 209Hun-Ba3, 2011Hun-Ba16, etc.).

The current law, which does not allow the alternative military service system for conscientious objectors based on religious belief such as the defendant for sentencing, will be sentenced to punishment for the defendant. However, the religious doctrine of the defendant's belief is the same.