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

Punishment of the crime

The defendant is the believers of a religious organization.

On January 8, 2012, the Defendant, at the Defendant’s home located in Pakistan on February 21, 2013, failed to enlist without justifiable grounds by not later than three days from the date of call, even when he received a notice of call-up of public duty personnel under the name of the head of the Gyeonggi-si Military Manpower Branch Office, to enlist in the Army Training Center located in the No. Doi-si No. Doi-si No. Doi

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Written notice of enlistment;

1. Application of Acts and subordinate statutes governing certificates of fact;

1. The Defendant and his defense counsel’s assertion on criminal facts against the Defendant and his defense counsel under Article 88(1) of the pertinent Act asserts that the refusal of enlistment with the “C religious organization” constituted “justifiable cause” under Article 88(1) of the Military Service Act as the exception to punishment under Article 88(1) of the same Act.

With respect to conscientious objection based on one’s conscience, the Constitutional Court ruled that Article 88(1) of the Military Service Act, which punishs evasion of enlistment, is constitutional (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004). The Supreme Court ruled that conscientious objection based on one’s conscience does not constitute “justifiable cause” under the above provision (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; 2007Do8187, Nov. 29, 2007); the Defendant’s above assertion is difficult to accept as of the present point against the Constitutional Court’s decision and the Supreme Court’s decision.

[Majority reasons] In order to prevent the defendant from repeating the malicious circulation subject to a criminal disposition after receiving the notice of enlistment at the same time, the defendant will be sentenced to a minimum punishment that meets the requirements for exemption from military service.