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

Punishment of the crime

Although the Defendant, as a person subject to enlistment in active duty service, should enlist within three days from the date of enlistment, unless there exists any justifiable reason, the Defendant was given notice of enlistment in active duty service under the name of the head of the Incheon Military Branch Office to enlistment with the Defendant’s mother C on October 27, 2016 at the Defendant’s home located in Gyeyang-gu, Incheon, 105 Dong 105 Dong 105 on November 29, 2016, and did not enlist within three days from the date of enlistment without good cause.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing the filing of an accusation, a written accusation, and enlistment notification;

1. Article 88(1)1 of the pertinent Act on criminal facts asserts that an act of refusing enlistment in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act, on the grounds that the Defendant’s refusal to enlistment in active duty service is a right guaranteed by the Constitution, as a new witness of the Republic of Korea, and such right to refuse enlistment in active duty service is guaranteed by the Constitution.

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, when a defendant is sentenced to imprisonment with prison labor for less than one year and six months under the current law or the suspension of the execution of such imprisonment with prison labor, the defendant shall be sentenced to a minimum sentence that meets the requirements for exemption from military service in consideration of 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.