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

Punishment of the crime

The defendant is a new director of a religious organization church in B, and on September 15, 2013, as a person subject to enlistment in active duty service, "be enlisted in the army with the defendant's patriotism from the Seoul regional military manpower office in the name of the defendant on November 39, 2013" did not enter the army after three days from the date of enlistment without justifiable grounds, even though he received a written notice of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent statutory provisions of the Military Service 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 one’s 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, and it is so decided as per Disposition.