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

Punishment of the crime

The defendant is a person serving in active duty service with a religious organization B.

around August 28, 2012, the Defendant, through his mother, failed to enlist in the Army Training Center located in the Geum-si, Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-do, 101 and 406, which was one’s own house, by October 15, 2012, the Defendant issued a notice of enlistment in active duty service under the name of the director of the regional military manpower office, to enlistment in the Army Training Center in the Geumsi-si, Chungcheongnam-si, Chungcheongnam-do, Sinsan-si, Sinsan-si, without justifiable grounds, until October 18, 2012, for which three days elapsed

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation and notice of enlistment in active duty service;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant statutory provisions on the Military Service Act is alleged to the effect that “B religious organization’s believers refused enlistment in active duty service according to the order of conscience based on that religious doctrine,” and thus, constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act. However, there is no special exception in the Military Service Act allowing a person who refuses enlistment in active duty service on grounds of religious belief to be exempted from enlistment in active duty service or to substitute for other types of service. This cannot be deemed to exceed the bounds of the discretion on the legislative formation, and thus, the Defendant’s assertion does not constitute justifiable cause for refusing enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, 709Hun-Ba7, 209Hun-Ba24, 2011; 301Hun-Ba16, 3016,201.

It is so decided as per Disposition for the above reasons.