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

Punishment of the crime

The defendant is a person in active duty service.

On October 18, 2012, the Defendant received a notice of enlistment in active duty service under the name of the director of the regional military manpower office of Gwangju-nam, that the Defendant will enlist in the 31st unit from the Defendant’s residence located in Seo-gu, Seo-gu, Gwangju, 606dong 208 to December 14, 2012.

Nevertheless, the defendant did not enlist in the military without justifiable grounds for three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on accusation of persons evading active service;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant statutory provisions on the Military Service Act is in accordance with the religious doctrine and thus, the Defendant refused enlistment in active duty service in accordance with the order of conscience as indicated in its reasoning. Such reason for refusal constitutes “justifiable cause” as stipulated in Article 88(1) of the Military Service Act. As such, in light of the current positive law, there is no special provision that allows a person who refuses enlistment in active duty service on the ground of a religious belief to substitute for enlistment in active duty service under the Military Service Act, which does not constitute a justifiable cause for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22,09Hun-Ga7, 2009Hun-Ba74, 2010; 16, 301, 2010Hun-Ba37, 2013).

When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant is notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will repeat again, a minimum sentence shall be sentenced to the requirements for exemption from military service.