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

Punishment of the crime

Anyone who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

On November 4, 2015, the Defendant was issued a written notice of enlistment in active service under the name of the head of the Seoul Regional Military Affairs Administration to enlistment in the Army Training Center located in Seongdong-gu Seoul apartment B, 107 Dong 108, and on December 14, 2015.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. The written accusation of Seoul High Court;

1. A written accusation;

1. Notification of enlistment in active duty service (reserve service) and application of Acts and subordinate statutes to the list of those to be enlisted in active duty service (reserve service);

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant’s assertion on the Defendant’s assertion constitutes “justifiable cause” as stipulated under Article 88(1) of the Military Service Act, since he/she, as a female witness, refused to enlist in the military according to the conscience that he/she received as a sexual intercourse training.

However, under the interpretation of the Constitution and laws, refusal of enlistment on the ground of a religious belief does not constitute justifiable cause under Article 88(1) of the Military Service Act (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). Accordingly, the Defendant’s assertion is rejected.