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

Punishment of the crime

The Defendant is a religious organization believers B.

A person who has received a notice of enlistment in active service or call-up shall not respond to the call-up without a justifiable reason after the lapse of three days from the date of enlistment or call-up.

The defendant, around March 4, 2013, at the D Hospital located in Seodaemun-gu Seoul Metropolitan Government, from March 4, 2013 to March 7, 14:00, the "Notice of Education for Public Health Doctors, such as Public Health Doctors, in the name of the director of the regional military manpower office in Gwangju Jeonnam-gu, to respond to the call for education conducted by the Army Training Center from March 7, 2013, was delivered by telephone through the father E, but did not respond to the call even after three days from the call without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Notification of call-up for education of public health doctors, etc. in 2013, and application of statutes of notice of enlistment;

1. The Defendant asserts that conscientious objection according to a religious conscience constitutes justifiable cause under the Military Service Act, which is determined as to the Defendant’s assertion regarding criminal facts under Article 88(1)3 of the pertinent Act.

However, "justifiable cause" under Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance. However, it should be deemed that there is a reason that can justify the non-performance of the duty of military service that is specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, etc., as long as there is a reason not attributable to the non-performance of the duty of military service. On the other hand, on the other hand, the right that the non-performance of the specific duty of military service is guaranteed by the Constitution of Korea, and furthermore, even if the right has a superior constitutional value that serves the legislative purpose of Article 88 (1) of the Military Service Act, if punished by the application of Article 88 (1) of