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

Punishment of the crime

The Defendant is liable for military service.

On September 19, 2012, the Defendant received the written enlistment notice from the head of Seosan-si B Apartment 101 Dong 408, and from the director of the Daejeon District Military Manpower Office on October 29, 2012, to be admitted to the Daejeon Military Training Center.

Nevertheless, without justifiable grounds, the defendant did not enlist within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to the enlistment notice in active duty service, and domestic registration/sub-registration/sub-mail;

1. The Defendant asserts that the Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act regarding criminal facts constituted “C” and the Defendant refused to enlist in active duty service according to his religious conscience, as stated in its reasoning, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

Under the current positive law, no exception exists to substitute enlistment in active service for a person who refuses enlistment in active service on grounds of religious belief under the Military Service Act. Such ground asserted by the defendant does not constitute a justifiable ground under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court Decision 2008Hun-Ga22, 2009Hun-Ga7, 24, 2009Hun-Ga7, 209Hun-Ba16, 37, 208Hun-Ba103, 209Hun-Ba3, 201Hun-Ba16, etc.). Thus, the above argument by the defendant cannot be accepted.

Under the current legal system that does not recognize alternative military service for conscientious objectors, such as the reason for sentencing, punishment for the accused is inevitable.

It takes into account the equity and period of military service with other persons liable for military service who are entering the military and faithfully performing the duty of military service, while the defendant commits the instant crime on the ground of religious conscience, and has no record of criminal punishment against the defendant.