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

Punishment of the crime

Although the Defendant was unable to enlist in active duty service without justifiable grounds for the period of three days from the date of enlistment, the Defendant did not enlist on June 8, 2015 on the 24th day of the same month after the date of enlistment without justifiable grounds, the Defendant received a notice of enlistment in active duty service under the name of the Seoul Regional Military Manpower Office, stating that he will enlist from the Defendant’s office located in Jung-gu Seoul Metropolitan Government B to July 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the accuser;

1. Notification of enlistment in active duty service, confirmation of fact, and registration delivery confirmation [the defendant's refusal of enlistment in active duty service according to his religious conscience is the right guaranteed by Article 19 of the Constitution guaranteeing the freedom of conscience and falls under justifiable grounds for refusal of enlistment under Article 88 (1) of the Military Service Act. However, "justifiable grounds" under Article 88 (1) of the Military Service Act is limited to the grounds that justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., i.e., reasons that are not attributable to the non-performance of the duty of military service (see, e.g., Supreme Court Decisions 67Do677, Jun. 13, 1967; 2003Do5365, Dec. 26, 2003). The grounds alleged by the defendant cannot be deemed to fall under "justifiable grounds" under the above Article

1. Article 88 (1) 1 of the Criminal Act applicable to the relevant criminal facts;