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

Punishment of the crime

On October 26, 2016, the Defendant, as a person subject to enlistment in active duty service, received the Defendant’s notice of enlistment in the name of the head of the Daejeon Chungcheong District Military Affairs Administration in the name of the Defendant’s mother D, at the Defendant’s house located in Daejeon-gu, Seo-gu, Daejeon, 101 Dong 303, and “Until November 21, 2016, to be enlisted in the 09:00 Sinsan-si Army training center” in the name of the head of the Daejeon Chungcheongnam District Military Affairs Administration.

However, without justifiable grounds, the defendant did not enlist in the military even though the period of three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Notice of additional enlistment in active duty service;

1. Application of the statutes governing the progress of delivery;

1. The defendant's assertion as to the defendant and his defense counsel's assertion on criminal facts under Article 88 (1) 1 of the pertinent Article of the Military Service Act is asserted to the purport that the defendant's refusal to enlist in active duty service according to his religious conscience as a female witness and thus constitutes "justifiable cause" under the Military Service Act. However, it is difficult to view that conscientious objection according to a religious conscience constitutes justifiable cause under Article 88 (1) of the Military Service Act (see Supreme Court Decision 2004Do2965, Jul. 15, 2004, etc.). The above assertion by the defendant is rejected.