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

Punishment of the crime

On October 14, 2014, at the defendant's house located in Yangsan-si B, the defendant sent a notice of enlistment in active duty service under the name of the director of the Busan regional military manpower office to the Army Training Center on December 8, 2014, and did not enlist without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The Defendant asserts that the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act constitutes “justifiable cause” under Article 88(1) of the same Act, insofar as he/she refuses military service according to a religious conscience guaranteed by the Constitution, etc., as long as he/she refuses military service according to that religious conscience.

Under the current positive law that does not provide for an exception to alternative military service for those who refuse to serve in the military on the ground of the freedom of conscience under the Military Service Act, the above reasons asserted by the Defendant cannot be deemed as a justifiable reason under the interpretation of the current Constitution and the Military Service Act.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Accordingly, we cannot accept the Defendant’s above assertion.

It is difficult to expect that the defendant will fulfill his duty of military service in the future for the reason of sentencing, and considering the possibility of continuous criminal punishment, a sentence meeting the requirements for exemption from military service like the order shall be sentenced.