Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

Upon receipt of a notice of enlistment in active duty service as a person subject to enlistment, the Defendant, despite having to enlist within three days from the date of enlistment, failed to enlist in the military without justifiable grounds even though he received a notice of enlistment from the Defendant’s mother to 21 association from the Defendant’s house located in Seo-gu, Incheon Metropolitan City B lending B 402 to August 28, 2017, around August 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes to materials submitted by an accuser, such as a written reason for military objection;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that there exists no intention to evade military service, on the grounds that he/she, as a new witness to “hyh”, was not enlisted in active duty service according to his/her religious conscience, and thus, he/she has justifiable grounds for not enlistment, and that he/she intends to perform alternative duty,

However, under the current positive law, a person who refuses enlistment in active duty service on the ground of freedom of conscience does not have any special exception to enlistment in active duty service, and the grounds alleged by the Defendant do not constitute justifiable grounds for not enlistment in active duty service (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do7941, Dec. 27, 2007; 2008Hun-Ga22, Aug. 30, 201; 2008Hun-Ga, etc.). Under the present situation where the National Assembly representing a large number of people’s representative fails to prepare alternative uniforms up to the present day, there is an intention of the Defendant to wish to substitute for active duty service.

Therefore, it is difficult to view that the defendant has no intention to evade the duty of military service under the current Military Service Act.

Therefore, the defendant's assertion is not accepted.

The reason for sentencing is that the defendant refuses to fulfill his military duty according to religious conscience.

In reality;