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

Punishment of the crime

The Defendant is a believers of a religious organization B, and the Defendant did not enlist in the military training center under the name of the director of the Chungcheongnam-gu Military Manpower Office for the purpose of enlistment on December 27, 2012, 2012, with the purport that he will enlist in the army training center located in the Kusan-gu, 114 Dong 1503 (D apartment) from his residence on November 15, 2012 on December 24, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of a person evading military service;

1. Application of Acts and subordinate statutes governing accusation, written notice of enlistment in active duty service, mail, domestic registration/sub-post investigation, military register inquiry;

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

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.