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

Punishment of the crime

The defendant is a new teacher in active service and is a person subject to enlistment in active service.

On November 15, 2013, the Defendant received a written notice of enlistment in active duty service under the name of the director of the regional military manpower office at the time of enlistment on December 3, 2013 through the Defendant’s mother E, and did not enlist even after three days have elapsed from the date of enlistment, without justifiable grounds, at the Defendant’s house located in Seongbuk-gu C apartment and D, Changwon-si, Changwon-si, and the Defendant’s mother E.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as the B church believers, refused military service according to the religious conscience guaranteed by the Constitution.

The above argument by the defendant does not constitute justifiable grounds under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Thus, the above argument cannot be accepted, and it is so decided as per Disposition.