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

Punishment of the crime

A person who has received a notice of enlistment in active service or call-up for military service shall not, without a justifiable reason, enlist in the military or respond to the call even after the three-day period from the enlistment date or call

On July 1, 2015, the Defendant received a written notice of enlistment in the name of the director of the Daegu-gu regional military manpower office to enlistment in the Army Training Center as of August 17, 2015 at the office of the Defendant, Daegu-gu B apartment No. 103 201, and August 17, 2015.

Nevertheless, the defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that, in accordance with a religious doctrine, he refused to enlist in active duty service according to the conscience order, and that such a reason for refusal of military service constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

Under the current positive law, no exception exists to substitute enlistment in active service for a person who refuses enlistment in active service on grounds of religious belief under the Military Service Act. Such ground asserted by the Defendant does not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decision 201Do1759, Nov. 24, 201; Constitutional Court Decision 2008Hun-Ga22, 2009Hun-Ga7, 24, 2010Hun-Ga7, 2010Hun-Ba16, 37, 208Hun-Ba103, 201Hun-Ba16, etc.). Therefore, the foregoing argument is difficult to accept.

The reason for sentencing is that when the defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months or the suspended sentence of such imprisonment with prison labor under the current law, the defendant will be sentenced to a minimum sentence meeting the requirements for exemption from military service in consideration of the fact that the malicious circulation subject to criminal punishment will be repeated.