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 who is subject to enlistment in active duty service.

Although the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi-si Military Manpower Office in the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlist in his house No. 308, 1405, the Kimpo-si, Kimpo-si, Kimpo-si on February 21, 2013, and 306, Dong-dong on March 26, 2013, the Defendant failed to enlist without justifiable grounds until March 29, 2013, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of statutes of the Ministry of Patriots and Veterans Affairs to a copy of the additional enlistment notice;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts to the effect that there exists justifiable grounds, since he/she did not enlist in the military according to religious conscience as the believers of religious organizations.

The Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, Constitutional Court en banc Decision 2008Hun-Ga2009Hun-Ga7, 24, 2010Hun-Ga16, 37, 2008Hun-Ba16, 201Hun-Ba16, etc.) is difficult to view that the refusal of enlistment on the grounds of conscience and religious freedom constitutes justifiable grounds under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court Decision 2009Hun-Ba7, Aug. 30, 2011; 2010Hun-Ba16, 37

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