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

Punishment of the crime

On July 4, 2016, the Defendant was a person subject to enlistment in active duty service, and on August 13:16, 2016, the Defendant was not enlisted in the 102 supplementary unit located in Seongbuk-gu Seoul Metropolitan Government on August 9, 2016, on the ground that he was directly delivered a written notice of enlistment under the name of the director of the Seoul regional military manpower office on August 9, 2016, on the ground that he was a woman and witness, and was not enlisted until three days after

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written accusation;

1. Notification of persons to be enlisted in active duty service, or application of statutes concerning registered mail delivery;

1. The Defendant asserts that his refusal to enlist in active duty service according to his religious conscience constitutes justifiable grounds for refusal of enlistment under Article 88(1) of the Military Service Act, as a right guaranteed by Article 19 of the Constitution guaranteeing the freedom of conscience.

However, the "justifiable reason" under Article 88 (1) of the Military Service Act is limited to reasons that justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., that is, to reasons that are not attributable to the non-performance of the duty of military service, such as illness, etc. (see, e.g., Supreme Court Decisions 67Do677, Jun. 13, 1967; 2003Do5365, Dec. 26, 2003). The grounds alleged by the defendant cannot be deemed as constituting "justifiable reason" under the above provision.