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

Punishment of the crime

The defendant is a religious organization believers who is subject to enlistment in active duty service.

On August 26, 2013, the Defendant received a notice of enlistment in active duty service from the director of the regional military manpower office of Gwangjunam-si to enlistment in the Army Training Center from October 14, 2013 in his dwelling place, which was located in Naju-si, 102 Dong 609, and did not, without justifiable grounds, failed to enlist within three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of domestic Acts and subordinate statutes of the Korea Registration/Sposting Postal Service;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant statutory provisions on the Military Service Act is in accordance with the religious doctrine and thus, the Defendant refused enlistment in active duty service according to the order of conscience as stated in its reasoning. Since the Defendant’s assertion that such reason for refusal of enlistment in active duty service constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, it is examined as follows: (a) under the current positive law that does not provide for special cases where a person who refuses enlistment in active duty service on grounds of religious belief under the Military Service Act does not substitute enlistment in active duty service; and (b) such ground alleged by the Defendant does not constitute justifiable cause for refusal of enlistment (see, e.g., Supreme Court Decisions 2011Do1759, Nov. 24, 201; 2008Hun-Ga22, 2009Hun-Ba74, 2010; 16, 3010Hun-Ba36, Ba20136, etc.

When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant is notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will repeat again, a minimum sentence shall be sentenced to the requirements for exemption from military service.