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 in active duty service.

Although the Defendant received a written notice of enlistment in the name of the head of the regional military affairs office on November 7, 2016 and received a written notice of enlistment in the active service under the name of the head of the regional military affairs office on December 19, 2016, the Defendant failed to enlist for three days after the date of the said enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Application of statutes on the progress of postal delivery;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act regarding Article 88(1) of the Military Service Act is justifiable in not enlistment in active duty service according to his religious conscience, as he is a “new witness to women and children” and was not enlisted as active duty service according to his religious conscience

The argument is asserted.

However, under the current positive law, a person who refuses enlistment in active duty service on the ground of freedom of conscience does not have a special exception to enlistment in active duty service, and the grounds alleged by the Defendant do not constitute justifiable grounds for not enlistment in active duty service (see, e.g., Supreme Court Decision 2004Do295, Jul. 15, 2004; Supreme Court Decision 2007Do7941, Dec. 27, 2007; Constitutional Court Decision 2008HunGa22, Aug. 30, 201); thus, the above assertion by the Defendant is rejected.

The sentencing is that the accused refuses to perform the duty of military service according to religious conscience, the introduction of the alternative service system is being discussed, and the punishment as ordered shall be determined in accordance with the consideration of the sentence to avoid repeated punishment against the accused who is difficult to expect that he will perform the duty of military service in reality.