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

Punishment of the crime

The Defendant is a new witness and is a person subject to enlistment in active duty service.

On September 4, 2014, the Defendant received a notice of enlistment in active duty service under the name of the head of the Gyeonggi-do Military Manpower Branch Office in order to enlistment in the military service according to filling 102, located in Chuncheon on October 14, 2014 from the Defendant’s mother, but failed to enlist in the military even three days after the date of enlistment, without justifiable grounds, even though he received a notice of enlistment in the name of the head of the Gyeonggi-do Military Manpower Branch Office in Gangwon-do.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the accuser or accuser;

1. Application of the relevant Acts and subordinate statutes on public documents;

1. The Defendant and his defense counsel regarding the Defendant’s assertion on criminal facts under Article 88(1) main text of Article 88(1)1 of the pertinent Act regarding the provision of the Military Service Act is in accordance with a religious doctrine and thus, the Defendant refused enlistment in active duty service in accordance with the conscience order, and such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act. As such, the Defendant’s assertion under the current positive law that does not provide for a special exception that can substitute enlistment in active duty service for those who refuse enlistment on the grounds of religious belief under the Military Service Act. As such, the aforementioned ground alleged by the Defendant does not constitute justifiable cause for refusal (see, e.g., Supreme Court Decisions 2011Do1759, Nov. 24, 201; 2008Hun-Ga22, 2009Hun-Ba7, 204; 16, 2010Hun-Ba37, 2013; 2013Hun-Ba16, 36, etc.

When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant is notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will repeat again, a minimum sentence shall be sentenced to the requirements for exemption from military service.