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

Punishment of the crime

The defendant, who has received a muster notice, shall comply with the call within three days from the call-up notice as a social work personnel.

Nevertheless, on May 8, 2014, the Defendant did not respond to the call without justifiable grounds even though he received a muster notice under the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the Army Training Center on June 19, 2014, which was sent to the Army Training Center on May 8, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a charge, accusation, evidential documents, written notice, identification number, fact-finding certificate, and notice of convening social work personnel;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)2 of the pertinent Act, the Defendant asserts that, as a believers of a religion, who is a female and female witness, refused enlistment in active duty service according to his religious conscience, the refusal of military service based on religious conscience constitutes justifiable grounds and thus, the Defendant is acquitted.

However, it cannot be deemed that a religious conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is rejected.

It is inevitable to punish the defendant under the current law that does not recognize the alternative military service system for conscientious objectors on the grounds of sentencing.

As such, the defendant is sentenced to the punishment, and the sentence of the same punishment shall be determined by taking into account the following factors: (a) the defendant committed the instant crime under his religious belief; (b) the first offender; and (c) the age, character and conduct, environment, family relationship, etc.