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

Punishment of the crime

On October 17, 2013, the Defendant directly received a notice of enlistment in the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlistment in the Army Training Center located in Suwon-si on December 16, 2013 from the Incheon Gyeonggi-si on December 17, 2013, and did not enlist in the military without justifiable grounds until the 19th day of the same month after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

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

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act is the believers of religious organizations that refused enlistment according to their religious belief, and accordingly, the Defendant asserts that there exists “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

The refusal of military service by conscience, conscience, or religious belief cannot be deemed as a case where there exists the above “justifiable cause”, and it cannot be said that the right of conscientious objectors to military service pursuant to conscience is derived from the provision of Article 18 of the International Covenant on Civil and Political Rights to be exempt from the application of Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, and Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). Accordingly, the above assertion is rejected.