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 in active duty service.

Although the Defendant received a notice of enlistment in active service to enlist in the Army Training Center located in Chungcheongnam-gu Incheon Metropolitan City, Chungcheongnam-do, Chungcheongnam-do, from November 14, 2016, to December 14:00, 2016, through father D, the Defendant failed to enlist in the military on December 16, 2016 of the same month, for which three days have passed from the date of enlistment without justifiable grounds, without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation (including a written accusation);

1. Application of Acts and subordinate statutes to a notice of enlistment in active duty service;

1. Article 88 (1) 1 of the relevant Act on Criminal Facts provides that the Defendant’s refusal to enlist in active duty service according to a religious conscience as an “E religious organization” and the right to refuse military service is guaranteed by the Constitution. Thus, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, religious objection to military service based on conscience does not constitute “justifiable cause” as provided for in the Military Service Act as an exception to punishment (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.), and such assertion is rejected).

The reason for sentencing seems to be difficult to expect that the defendant will fulfill his military service in the future because the defendant refuses to enlist in the military according to religious belief.

In such a situation, when a defendant is sentenced to imprisonment with prison labor for less than one year and six months under the current law or the suspension of the execution of such imprisonment with prison labor, considering the fact that the defendant is notified of enlistment at the same time and that the malicious circulation subject to criminal punishment is likely to repeat, the defendant shall be sentenced to the minimum punishment that meets the requirements for exemption from military service, and the defendant may destroy evidence or flee.