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

Punishment of the crime

The religion of the defendant is a C religious organization.

The Defendant, at around 14:54 on October 17, 2013, failed to enlist, without justifiable grounds, by the date on which three days elapsed from the date of enlistment, even though he received a notice of enlistment in active duty service under the name of the director of the regional military manpower office in Daegu-gu, Daegu-gu, Daegu-gu, 511, and on December 17, 2013, to enlist in the 306 supplementary military service.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes, such as a written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant refused to enlist in active duty service according to a religious conscience. This assertion constitutes “justifiable cause” under Article 88(1) of the Military Service Act. However, conscientious objection according to a religious conscience cannot be deemed to include justifiable cause under Article 88(1) of the same Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is rejected.