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

Punishment of the crime

The defendant is a witness's believers who is a person subject to the call-up of social service personnel.

On September 4, 2015, the Defendant received a muster notice under the name of the head of the Incheon Army Manpower Administration to enlist in the training center from the residence of the Defendant No. 2, No. 204, Dong 1404, and Oct. 2, 2015, and did not respond to the call by the fifth day of the same month from the date of call, without justifiable grounds, from September 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation, notification of enlistment, and inquiry into military register of the written accusation;

1. Application of Acts and subordinate statutes to report on investigation (temporary correction of confirmation of call notice);

1. As to the Defendant’s assertion on criminal facts under Article 88(1)2 of the pertinent Article of the Military Service Act, the Defendant asserted that the refusal of enlistment in active duty service according to his religious conscience as a believers of a religious son, who is a female witness, constitutes “justifiable cause” under Article 88(1) of the Military Service Act and constitutes “justifiable cause” under Article 88(1) of the said Act, but the foregoing religious conscience cannot be deemed as included in justifiable cause under Article 88(1) of the said Act (see Supreme Court Decision 2004Do295 delivered on July 15, 2004), and the Defendant’s above assertion cannot be accepted.