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 subject to enlistment in active duty service, and is a new witness.

The defendant, on July 4, 2014, at the residence of the defendant located in Jeju-si B, from August 12, 2014, to August 14:00, 31st to August 12, 2014, did not enter the military service upon receipt of a notice of enlistment in the name of the director of the Jeju regional military manpower office, for three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to the enlistment notice in active duty service, postal service or inquiry service;

1. Article 88(1)1 of the Military Service Act applicable to criminal facts: The Defendant refused to enlist in active duty service according to a religious conscience as a believers of a religious belief called “novahovah’s Witness”; and the Defendant asserts that refusal to serve in active duty based on a religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the same Act.

However, it cannot be deemed that a religious conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Accordingly, the Defendant’s above assertion is rejected.