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 religious organization B, and is a person subject to enlistment in active duty service.

On April 17, 2013, the Defendant issued a notice of enlistment in active duty service under the name of the director of the Chungcheong Military Manpower Office to enlistment in the Army Training Center located in the Kugdong-gu, Chungcheongnam-gu, Cheongju-si, Seoul (D apartment) from May 27, 2013 to May 14:00, 2013, the Defendant did not directly receive the notice of enlistment in active duty service by mail and did not enlist for three days after the lapse of 3 days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the charge book, a statement of accusation, a statement of accusation, and the statutes governing the enlistment notice;

1. The Defendant asserts that his refusal to enlist according to his religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, on criminal facts, the Defendant asserts to the effect that the refusal to enlist according to his religious conscience constitutes “justifiable cause.”

However, under the current positive law that does not provide for special cases where a person who refuses enlistment in active service on the grounds of the freedom of conscience can substitute for enlistment in active service, the Defendant’s assertion does not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decisions 2011Do1759, Nov. 24, 201; 2008Hun-Ga22, Aug. 30, 201); and the above assertion by the Defendant is rejected.

The reason for sentencing is that the defendant refuses to enlist according to his religious conscience, equality with the sentencing in similar cases, the introduction of the current alternative service system is being discussed, and the punishment against the defendant shall be determined as above according to consideration of the sentence to avoid repeated punishment against the defendant who is difficult to expect the performance of military service in reality. However, taking into account the fact that the defendant is faithfully in a trial, the statutory detention against the defendant shall not be made.