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

Punishment of the crime

The defendant is a witness witness of Hohovah and is subject to enlistment in active duty service.

Although the Defendant received a muster notice from the director of the Incheon Regional Military Manpower Office to enlist in the 15 Sacheon-gun located in Gangwon-gun from the Defendant’s residence located in Incheon Strengthening-gun around August 26, 2016 to October 4, 2016, the Defendant failed to enlist without justifiable grounds until October 7, 2016 after three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes regarding filing of an accusation, a list of consenterss, and a copy of an official document, and inquiries about post office registration;

1. Article 88(1)1 of the relevant Act on Criminal Crimes provides that the Defendant’s refusal to enlist in active duty service according to his religious conscience is a right guaranteed by the Constitution, and the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” as provided by Article 88(1) of the Military Service Act. However, the conscientious objection based on a religious conscience does not constitute “justifiable cause” as provided by the exception to punishment under the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004); thus, the foregoing assertion is not acceptable. The Defendant’s reason for sentencing is that it is difficult to expect that the Defendant would actually fulfill his duty of military service, as he refuses enlistment according to a religious faith.

In such a situation, when a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor, considering the fact that the defendant is notified of enlistment at the same time and that the malicious circulation subject to criminal punishment is likely to repeat, the defendant is to be sentenced to a minimum sentence of exemption from military service. However, there is no possibility that the defendant might destroy evidence or flee, and thus the court's detention is not required