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

Punishment of the crime

The Defendant is a “B religious organization” and is subject to enlistment in active duty service.

On July 24, 2013, the Defendant confirmed that he will enlist in the e-mail enlistment notice from the director of the Incheon Gyeonggi-si regional military manpower office to September 24, 2013, from the head of the Incheon Gyeonggi-do regional military manpower office to September 24, 2013 at the Defendant’s residence located in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, the Defendant did not enlist until September 27, 2013, after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. e-mail notification, military register inquiry, and application of Acts and subordinate statutes on the military register of conscription;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts to the effect that there exists justifiable grounds, since he/she did not enlist in the military according to religious conscience as the believers of religious organizations.

The Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, Constitutional Court en banc Decision 2008Hun-Ga2009Hun-Ga7, 24, 2010Hun-Ga16, 37, 2008Hun-Ba16, 201Hun-Ba16, etc.) is difficult to view that the refusal of enlistment on the grounds of conscience and religious freedom constitutes justifiable grounds under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court Decision 2009Hun-Ba7, Aug. 30, 2011; 2010Hun-Ba16, 37

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