Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The Defendant received a notice of call-up to social work personnel in the name of the director of the Gyeong-nam regional military manpower office to comply with the call-up to social work personnel in the Army 39 Team run from around October 24, 2014 to December 19, 2014 of the same year from around November 24, 2014, and did not comply with the call-up without justifiable grounds by no later than three days from the date of call-up.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes governing a call-up list of social work personnel, screen pictures for verifying e-mail, notification sent to the Military Manpower Administration, and fact confirmation;

1. The Defendant asserts to the effect that the Defendant’s assertion regarding criminal facts under Article 88(1)2 of the pertinent Article of the Military Service Act constitutes “justifiable cause” under Article 88(1) of the Military Service Act, insofar as he refuses military service according to a religious conscience guaranteed by the Constitution, etc. as long as he/she refuses military service according to that religious conscience.

Under the current positive law, there is no exception to substitute military service for a person who refuses military service on the ground of the freedom of conscience. Under the interpretation of the current Constitution and the Military Service Act, the above reasons asserted by the Defendant cannot be deemed as constituting justifiable reasons under the provision of the said Military Service Act.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Accordingly, we cannot accept the Defendant’s above assertion.

It is difficult to expect that the defendant will fulfill his duty of military service in the future for the reason of sentencing, and considering the possibility of continuous criminal punishment, a sentence meeting the requirements for exemption from military service like the order shall be sentenced.