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

Punishment of the crime

On April 22, 2013, the Defendant, as a person liable for military service, was issued a notice of enlistment for full-time reserve service to the Maritime Education and Training Group from 809 to May 27, 2013, which was the Defendant’s residence located in North Korea-Gu B on April 22, 2013, but failed to enlist in the military for religious reasons, and was exempted from enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Parcel postal service;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The Defendant asserts that the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act constitutes “justifiable cause” under Article 88(1) of the Military Service Act, stating that “a person was to refuse to enlist in the full time reserve according to his religious conscience, and such reason constitutes “justifiable cause” as prescribed by Article 88(1)

Under the current positive law, no exception exists to substitute enlistment in active service for a person who refuses enlistment in active service on grounds of religious belief under the Military Service Act, the above ground alleged by the defendant does not constitute a justifiable ground under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court Decision 2008Hun-Ga22, 2009Hun-Ga7, 24, 2009Hun-Ga7, 209Hun-Ba16, 37, 208Hun-Ba103, 209Hun-Ba3, 201Hun-Ba16, etc.). Therefore, the above argument by the defendant cannot be accepted.

It is inevitable to punish the defendant under the current legal system that does not recognize alternative military service system for conscientious objectors such as the defendant for the reason of sentencing.

It takes into account equity with other persons liable for military service who faithfully perform military service by entering the military, the period of military service, etc. On the other hand, the defendant committed the instant crime on the grounds of religious conscience, the defendant has no record of criminal punishment, and conscientious objectors.