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

Punishment of the crime

The defendant is a person to be enlisted in active service as a new witness in nursing.

The Defendant, on October 7, 2013, failed to enlist without justifiable grounds, even though he received a notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the military in the name of Seongdong-gu Seoul and 105 Dong 303 from the Defendant’s dwelling place to November 5, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the charge of accusation or accusation statement;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that he is not guilty on the ground that the Defendant’s refusal of enlistment in active duty service based on a religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, which constitutes a religious believers, a female witness, refused enlistment in active duty service according to his religious conscience.

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 en banc Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is rejected.