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 subject to enlistment in active duty service, and is a new witness.

around September 4, 2014, the Defendant: (a) around October 14, 2014, at the residence of the Defendant located in Jeju-si B, to the 31st group located in Gwangju-si on October 14, 2014; (b) but was given a notice of enlistment in the name of the director of the regional military manpower office having jurisdiction over Jeju-si on October 14, 201; and (c) failed to enlist

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of enlistment in active duty service, and application of Acts and subordinate statutes of parcel post office;

1. Article 88(1)1 of the Military Service Act applicable to criminal facts: The Defendant refused to enlist in active duty service according to a religious conscience as a believers of a religious belief called “novahovah’s Witness”; and the Defendant asserts that refusal to serve in active duty based on a religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the same Act.

However, it cannot be deemed that a religious conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Accordingly, the Defendant’s above assertion is rejected.