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 serving in active duty service with a religious organization.

On November 15, 2012, the Defendant received a notice of enlistment in active duty service under the name of the director of the regional military manpower office in Chuncheon-si, Chungcheongnam-do, from his own house located in Chungcheongnam-do, Chungcheongnam-do, to December 14:00 on December 26, 2012, and did not enlist in the military without justifiable grounds until December 29, 2012, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation or a written accusation;

1. The Defendant and his defense counsel’s assertion regarding criminal facts as to the assertion of the Defendant and his defense counsel under Article 88(1)1 of the pertinent Article of the Military Service Act regarding the assertion that the Defendant’s refusal to enlist in active duty service according to the order of conscience based on that religious doctrine constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act. However, there is no special exception under the Military Service Act that allows a person who refuses enlistment in active duty service on the grounds of religious belief to be exempted from enlistment in active duty service or to substitute for other types of service, and this cannot be deemed as deviating from the legislative discretion regarding the statutory formation of the law, and thus, it is interpreted that the Defendant’s assertion does not constitute justifiable cause for refusing enlistment (see, e.g., Supreme Court Decisions 2011Do1759, Nov. 24, 201; 2008Hun-Ba22, Jul. 7, 2009; 2011; 2013Hun-Ba16, Mar. 16, 2017

It is so decided as per Disposition for the above reasons.