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

Punishment of the crime

On or around November 6, 2014, the Defendant was notified by the Daejeon District Military Manpower Office to enlist in the active duty service at the Army Training Center in Masan-Eup, Masan-si on or around December 8, 2014, and did not enlist in the army even after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement to the effect that the defendant did not enlist even after being notified of enlistment in this court, as stated in its reasoning;

1. Application of the respective Acts and subordinate statutes corresponding thereto among a written accusation prepared by B, a written notice of enlistment in active duty service prepared by the Daejeon District Military Manpower Office (12.8.) and a written confirmation prepared by the defendant, a written notice sent to the Military Manpower Administration prepared by the defendant, and a military register inquiry prepared by the defendant against the defendant;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The gist of the assertion is that the Defendant, as a believers religious organization’s believers, refused to enlist in the army according to one’s conscience. As such, there is “justifiable cause” under the main sentence of Article 88(1) of the Military Service Act.

2. As to the so-called “ conscientious objection according to conscience” as indicated in its holding, the Constitutional Court ruled that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see Constitutional Court Order 2008HunGa2, August 30, 201). The Supreme Court ruled that conscientious objection according to conscience does not constitute “justifiable cause” as provided for the exception of punishment under the above provision.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, and Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). Accordingly, the Defendant’s above assertion is rejected as contrary to the Constitutional Court’s decision and purport of the Supreme Court’s decision.

According to Article 65(1)2 of the Military Service Act and Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, persons subject to enlistment in active duty service shall be punished by imprisonment with prison labor for at least one year and six months.