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 a call for social service personnel.

The Defendant, on April 20, 2015, at the residence of the Defendant located in Seocheon-gu A A, Seocheon-gu, Seocheon-gu, B A, and “to call a Army Training Center up to May 28, 2015,” did not respond to the call without justifiable grounds, even after receiving a notice of convening a social service personnel under the name of the head of the Military Affairs Administration in the Incheon Gyeonggi-gu Office.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written accusation and a list of persons notified to call for social service personnel;

1. The Defendant’s assertion as to the Defendant’s assertion regarding criminal facts under Article 88(1)2 of the pertinent Article of the Military Service Act is the “novah’s Witness” and refused enlistment according to a religious belief. As such, the Defendant asserts that conscientious objection is based on the freedom of conscience guaranteed by the Constitution and the freedom of religion, and constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, religious conscientious objection does not constitute “justifiable cause” as provided for by the Military Service Act as an exception to punishment (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004), and the Defendant’s assertion is without merit.

The reason for sentencing seems to be difficult to expect that the defendant will fulfill his military service in the future because the defendant refuses to enlist in the military according to religious belief.

Under the current law, when the defendant is sentenced to a sentence of imprisonment for less than one year and six months or a suspended sentence of such imprisonment, the defendant will be notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will be repeated, and the defendant will be sentenced to a minimum sentence that meets the requirements for exemption from military service.