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 who is a believers of “novahovah’s Witness.”

Although the Defendant received a written notice of enlistment in active duty service at the Gyeonggi Northern Military Affairs Administration, which was located on November 19, 2014, the Government of the Republic of Korea, around November 19, 2014, the Defendant failed to enlist without justifiable grounds for a period of three days from December 9 of the same year, which is the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The Defendant’s assertion as to the Defendant’s assertion regarding criminal facts under Article 88(1) main text of Article 88(1)1 of the pertinent Act on the Military Service Act, is in accordance with a religious doctrine and thus, the Defendant refused enlistment in active duty service according to the order of conscience. Since the Defendant’s assertion that such reason for refusal of enlistment in active duty service constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, this case’s assertion does not provide for special cases where a person who refuses enlistment in active duty service on the grounds of religious belief under the Military Service Act does not substitute enlistment in active duty service, and such ground as alleged by the Defendant does not constitute justifiable cause for refusal (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, 2009Hun-Ba7, 2010Hun-Ba, 16, 37, 2010; 2013Hun-Ba16, 36, 200316

When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant is notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will repeat again, a minimum sentence shall be sentenced to the requirements for exemption from military service.