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

Punishment of the crime

The Defendant is a religious organization believers B.

On October 10, 2013, the defendant's house located in Kimhae-si C, and through the information and communication network address (one e-mail address) designated by the defendant, the defendant issued a written notice of enlistment to the Army Training Center by December 9, 2013, but did not enlist for a period of three days from the date of the above designated enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes of the enlistment notice;

1. As to the Defendant’s assertion on the relevant criminal facts under Article 88(1)1 of the Criminal Act, the Defendant asserts to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as a new church of a religious organization B, refused military service according to the religious conscience guaranteed by the Constitution.

The above argument by the defendant does not constitute justifiable grounds under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Thus, the above argument cannot be accepted.

It is so decided as per Disposition for the above reasons.