Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

No person shall, even after receiving a written notice of enlistment in active duty service, enlist in the military within three days from the date of entering the military register or the date of call-up without justifiable grounds.

Nevertheless, on August 18, 2017, the Defendant did not enlist in the military by the date three days after the date of enlistment without justifiable grounds, even though he received a written notice of enlistment under the name of the head of the Daejeon Chungcheong District Military Affairs Administration in the name of the head of the Daejeon Chungcheongnam-gu Military Affairs Administration, the purport that “the Defendant shall be enlisted in the 51 association located on the face of the Gyeonggi-do Incheon Metropolitan City from his mother-gu 112 Dong 1002 and 1002 of the Defendant’s residential area.”

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. The progress of delivery;

1. The written notification sent to the Military Manpower Administration [The defendant's refusal to enlist in active duty service as a witness with a religious conscience and thus constitutes "justifiable cause". However, it is difficult to view that conscientious objection based on a religious conscience constitutes justifiable cause under Article 88 (1) of the Military Service Act (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). The above argument by the defendant cannot be accepted) is applicable to the law.

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;