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

Punishment of the crime

On October 7, 2015, the Defendant received a notice of enlistment in active duty service under the name of the head of the Daejeon District Military Affairs Administration on November 17, 2015, that he will be enlisted as a 32 association located in Sejong-si on November 17, 2015 at his own residence located in Daejeon-gu, Daejeon-gu, Daejeon-gu, and failed to enlist, without justifiable grounds, until the 20th day of the same month after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation against a person evading military service;

1. Application of Acts and subordinate statutes to a written accusation;

1. The Defendant’s assertion on the Defendant and his defense counsel’s assertion on criminal facts under Article 88(1)1 of the pertinent Act is a Jehovah’s new witness and thus refusing enlistment in active duty service according to a religious conscience, which constitutes “justifiable cause” under the Military Service Act. However, it is difficult to view that conscientious objection based on a religious conscience constitutes justifiable cause under Article 88(1) of the same Act (see Supreme Court Decision 2004Do2965, Jul. 15, 2004, etc.). The Defendant and the defense counsel’s aforementioned assertion are not acceptable.