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

Punishment of the crime

On September 29, 2016, the Defendant, as a person subject to enlistment in active duty service, was directly issued a written notice of enlistment by the Military Manpower Administration, in Daejeon-gu, Daejeon-gu, the Defendant’s dwelling place, and in November 15, 2016, in the Three Association New Military Education Team in Gangwon-do, Gangwon-do, for enlistment in active duty service.

However, without justifiable grounds, the defendant did not enlist in the military even though the period of three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written accusation;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act is asserted to the purport that the Defendant’s refusal to enlist in active duty service according to one’s religious conscience as a female witness and thus constitutes “justifiable cause” under the Military Service Act. However, it is difficult to view that conscientious objection based on a religious conscience constitutes justifiable cause under Article 88(1) of the same Act (see Supreme Court Decision 2004Do2965, Jul. 15, 2004, etc.). The Defendant’s assertion is rejected.