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

Punishment of the crime

The defendant was a believers of the religious organization B, on June 7, 2013, and was given a notice of enlistment in the name of the director of the regional military manpower office in Gwangju, Gwangju, to enlist in the defendant's house located in 203 Do 1705 Do 1705 Do, and on July 23, 2013, the defendant did not enlist in the military without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of the active duty serviceman;

1. Application of the Acts and subordinate statutes of registered mail inquiry and enlistment in active service;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The Defendant asserts that, as a believers of “B religious organization,” the Defendant refused to enlist in active duty service according to the order of conscience in accordance with its religious doctrine, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. In light of the current positive law that does not provide for special cases that can substitute for enlistment in active service against a person who refuses enlistment in active service on the grounds of freedom of conscience under the Military Service Act, the argument by the Defendant does not constitute justifiable grounds for refusing enlistment (see, e.g., Supreme Court Decision 201Do1759, Nov. 24, 201; Constitutional Court Decision 2008Hun-Ga22, 2009Hun-Ga7, 24, 2009Hun-Ga7, 209Hun-Ga7, 2010Hun-Ba16, 37, 208Hun-Ba103, 209Hun-Ba3, 2011Hun-Ba16, Aug. 30, 201).

In light of the fact that the defendant for the reason of sentencing is subject to enlistment in active duty service without justifiable grounds and that he clearly expresses his intention not to enlist in the future, the sentence of sentence is inevitable for the defendant. However, the defendant is the first offender who has no previous criminal record, the defendant is sentenced to imprisonment with prison labor for not more than one year and six months, or a suspended sentence of imprisonment with prison labor for not more than one year and six months, or the defendant is sentenced.