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

Punishment of the crime

No person who has received a notice of enlistment in active duty service shall be enlisted for the military service without justifiable grounds within three days from the date of enlistment.

Nevertheless, the defendant, on July 19, 2013, was directly issued a notice of enlistment in the name of the director of the regional military manpower office in the name of Gwangju Southern-dong, Gwangju-gu, c 202 (D) and on September 10, 2013 to the 31st group in the Army located in Sejong-gu, Chungcheongnam-gu, Gwangju-gu, Seoul-do, and did not enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of the active duty serviceman;

1. Management of e-mail notification and application of statutes of notification of enlistment in active duty service;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The Defendant asserts that the Defendant, as a believers of “E”, refused enlistment in active duty service in accordance with his religious doctrine, according to the order of conscience, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. In light of the current positive law that does not provide for special cases that can substitute for enlistment in active service against a person who refuses enlistment in active service on the grounds of freedom of conscience under the Military Service Act, the argument by the Defendant does not constitute justifiable grounds for refusing enlistment (see, e.g., Supreme Court Decision 201Do1759, Nov. 24, 201; Constitutional Court Decision 2008Hun-Ga22, 2009Hun-Ga7, 24, 2009Hun-Ga7, 209Hun-Ga7, 2010Hun-Ba16, 37, 208Hun-Ba103, 209Hun-Ba3, 2011Hun-Ba16, Aug. 30, 201).

In light of the fact that the defendant for the reason of sentencing is subject to enlistment in active duty service without justifiable grounds and that he clearly expresses his intention not to enlist in the future, the sentence of sentence is inevitable, but the defendant is the first offender without any previous conviction.