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

Punishment of the crime

Defendant

Despite the fact that a person who received a notice of enlistment in active duty service “B” and a person who received a notice of enlistment in active duty service should enlist before the lapse of three days from the date of enlistment without justifiable grounds, the person was notified of enlistment in the Army Training Center located in Gyeyang-gu, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-do on October 31, 2016, by e-mail as agreed by the Defendant, at around September 14, 2016 at the defendant’s office located in Incheon apartment C apartment and the defendant’s office located in D, as agreed by the Defendant, but did not enlist without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes that notify the enlistment in active duty service, written accusation and written accusation;

1. Article 88(1)1 of the pertinent Act on Criminal Facts provides that the Defendant’s refusal to enlist in active duty service according to a religious conscience as “B” and the right to refuse military service is guaranteed by the Constitution. Thus, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, religious objection to military service according to conscience does not constitute “justifiable cause” as provided for in the Military Service Act as an exception to punishment (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004), and such assertion is rejected).

The reason for sentencing seems to be difficult to expect that the defendant will fulfill his military service in the future because the defendant refuses to enlist in the military according to religious belief.

In this situation, when a defendant is sentenced to imprisonment with prison labor for less than one year and six months under the current law or the suspension of the execution of such imprisonment with prison labor, the defendant shall be sentenced to a minimum sentence that meets the requirements for exemption from military service in consideration of the fact that the defendant is notified of enlistment at the same time and that the malicious circulation subject to criminal punishment is likely to repeat.