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

Punishment of the crime

When the defendant receives a muster notice as a person eligible for call-up as a public duty personnel, he/she shall comply with the call-up within three days.

On May 15, 2013, the Defendant: (a) sent a muster notice to the 31st session of the Military Manpower Office in the Army located in Gwangju District on June 24, 2013 to the 31st session of the Army located in Gwangju District on May 15, 2013; and (b) did not comply with the convocation without justifiable grounds within three days from the date of convening the meeting.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to persons subject to accusation, written confirmation of evasion of enlistment, and notification for public duty personnel;

1. The Defendant asserts that conscientious objection according to a religious conscience constitutes justifiable cause under the Military Service Act, which is determined as to the Defendant’s assertion regarding criminal facts under Article 88(1)2 of the pertinent Act.

However, "justifiable cause" under Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance. However, it should be deemed that there is a justifiable reason to refuse the performance of military service on the other hand, in order to exclude unconstitutional circumstances, unless there is a justifiable reason to refuse the performance of military service, such as illness, that is, a reason to justify the non-performance of the duty of military service that is specified by the decision of the Commissioner of the Military Manpower Administration, etc.