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

Punishment of the crime

Although the Defendant received a written notice of enlistment in active duty service from November 1, 2012 to December 12, 2012, 2012 to the 50 association located in the school Dong-dong, Daegu Northern-gu, Daegu on December 26, 2012, the Defendant failed to enlist for the first three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of any offender of the Military Service Act;

1. Application of Acts and subordinate statutes of an investigation report;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant refused to enlist in active duty service according to a religious conscience. This assertion constitutes “justifiable cause” under Article 88(1) of the Military Service Act. However, conscientious objection according to a religious conscience may not be deemed to include justifiable cause under Article 88(1) of the same Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is without merit.