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

Punishment of the crime

The defendant is a person subject to enlistment in active duty as a religious organization B.

The defendant's house located in Gwangju Mine-gu C, 101 Dong 1106 (D apartment) on June 5, 2013 is the same as the defendant's house in Gwangju Mine-gu.

(h) The same month in which three days have passed since the date of enlistment, even though the defendant's mother E received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-nam, to enlist in the 102 Supplementary Zone located in Chuncheon-si.

7. Until December 26, 200, the military personnel did not enlist without good cause.

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 registration inquiry;

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 for those who refuse 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-Ga222, 2009Hun-Ba74, 2010; 3016Hun-Ba37, 13016, Ba20130.

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.