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

Punishment of the crime

On July 6, 2016, the Defendant received on August 6, 2016, a notice of enlistment in the name of the director of the Daejeon District Military Manpower Office, to which he would be enlisted as active duty servicemen, from the Defendant’s house located in Daejeon-gu, Daejeon-si, Chungcheongnam-si on August 16, 2016, and the Defendant received such notice from the said D.

However, without justifiable grounds, the defendant did not enlist within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. The Defendant and his defense counsel’s assertion on criminal facts under Article 88(1)1 of the relevant Act, as well as the witness’s believers, arguing that the Defendant’s refusal to enlist in active duty service according to a religious conscience constitutes “justifiable cause” under the Military Service Act. However, conscientious objection according to a religious conscience is difficult to be deemed as constituting justifiable cause under Article 88(1) of the same Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). The Defendant and the defense counsel are not acceptable.