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

Punishment of the crime

Where a person subject to enlistment in active duty service is notified of enlistment, he/she shall not comply with the enlistment within three days from the date of enlistment without justifiable grounds.

Nevertheless, on January 5, 2018, the Defendant directly received a written notice of enlistment in the name of the head of the Daejeon Chungcheong District Military Manpower Administration, that “The Defendant will be enlisted as five associations located in the Gyeonggi-do District Military Manpower Administration on February 20, 2018,” and that “The Defendant will be enlisted as five associations located in the Gyeonggi-do District Military Manpower Administration on February 20, 2018,” and did not comply with the enlistment without justifiable grounds by not later than three days from the date of the enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

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 the Defendant’s refusal of military service according to one’s religious conscience as a female witness and thus, the Defendant’s refusal of enlistment constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, it is difficult to view that refusal of military service on the ground of a religious conscience constitutes “justifiable cause” as stipulated in the above legal provision (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004; Constitutional Court Decision 2008Hun-Ga7, 2009Hun-Ga7, 2009Hun-Ga7, 2010 decided on August 30, 201; 16,37, 2008Hun-Ba 103, 2008Hun-Ba 103, 2009; 3,201Hun-Ba 16, etc.) is difficult to accept the Defendant’s assertion.