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

Punishment of the crime

The Defendant, as a believers of a religious organization B, was issued a written enlistment notice under the name of the head of the Gyeonggi-si Military Manpower Branch Office in the Gyeonggi-si Branch of the Gyeonggi-do on March 5, 2013, and did not, without justifiable grounds, enlist in the military service by not later than three days after the date of enlistment, at the time of receipt of the written enlistment notice in the name of the head of the Gyeonggi-do Military Manpower Branch Office in the name of the head of the Gyeonggi-si Branch of the Gyeonggi-si Branch of the Gyeonggi-si on January 28, 2013 through D, which

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation (including attached materials);

1. Application of Acts and subordinate statutes to the enlistment notice service in active duty service, parcel-post investigation service;

1. The Defendant asserts that the Defendant refused to enlist in active duty service according to his religious conscience as a religious believers, who is a religious organization B, pursuant to Article 6(1) of the Constitution, pursuant to Article 18(1) of the International Covenant on Civil and Political Rights (hereinafter “International Covenant”), Article 9 of the European Convention on Human Rights, and Article 19 of the Constitution, the refusal of military service based on a religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, under the current positive law that does not provide for a special exception to a person who refuses enlistment in active service on the grounds of the freedom of conscience under the Military Service Act as a substitute for enlistment in active service, the Defendant’s assertion does not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decision 201Do1759, Nov. 24, 201; Constitutional Court Order 2008HunGa22, Aug. 30, 201). Accordingly, the Defendant’s assertion on the premise that a religious conscience for justifiable grounds under Article 88(1) of the Military Service Act should be included shall not be accepted.

The defendant, on the grounds of sentencing, refuses to enlist according to his religious conscience.