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 to be enlisted for active duty service. On October 4, 2013, the defendant was not enlisted in his house located in Asan-si B, 102 Dong 301 (C apartment), and on November 26, 2013, in the name of the director of the Daejeon-nam Military Manpower Office, which stated that he will enlist in Sejong-do, Sejong-do, Sejong-do, and the 32 Assistant Soldiers group in the name of Sejong Special Self-Governing City, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. Military register inquiry;

1. Application of Acts and subordinate statutes of domestic registered parcel delivery, enlistment in active service, and notification;

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 that the Defendant is not guilty on the ground that the Defendant’s refusal of enlistment in active duty service based on a religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

However, it cannot be deemed that a religious conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is rejected.