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

Punishment of the crime

On June 9, 2014, the Defendant, as a person subject to enlistment in active service, refused to enlist in the military service under the name of the director of the Daejeon Daejeon District Military Manpower Office, which was located in Chuncheon, on July 22, 2014, after receiving a notice of enlistment in active service in the name of the director of the Daejeon District Military Manpower Office, from 201 Dong-gu, Dong-gu, 201, Dong-dong, 502 (B apartment), the Defendant’s domicile.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to a written accusation, written notice of enlistment in active duty service, and written notice of enlistment;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act on the Military Service Act argues to the effect that, as a believers of a religion, a female witness, refused enlistment in active duty service according to his religious conscience, the refusal of military service based on religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, and thus, the refusal

However, conscientious objection based on religious conscience cannot be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act, and thus, the Defendant’s above assertion is rejected.

Under the current law that does not recognize the alternative military service system for conscientious objectors on the grounds of sentencing, punishment for the accused is inevitable.

However, according to the fact that the defendant refuses to enlist according to his religious conscience, equality with the sentencing in similar cases, and the introduction of the alternative military service system is being discussed in society, the defendant who is difficult to expect the actual performance of military service is sentenced to a minimum punishment meeting the requirements for exemption from military service in accordance with the consideration of a sentence to avoid repeated punishment. However, a court restraint is not made in consideration of the fact that the defendant is a first offender who has no criminal power at all.