Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On July 27, 2016, at around 11:09, the Defendant was sent a notice of enlistment in active duty service under the name of the director of the regional military manpower office in Gyeongnam-si, to enlistment in the military from the Defendant’s office located in Gyeongnam-si, to August 30, 2016 to 102, but did not enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a charge, a list of persons subject to enlistment notice, parcel-post inquiries, and notification sent to the Military Manpower Administration;

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 rejected enlistment in active duty service according to his religious conscience as a religious believers, who is a female witness, and asserts to the effect that such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, it cannot be deemed that the conscientious objection pursuant to the above religious conscience constitutes justifiable grounds under Article 88(1) of the Military Service Act (see, e.g., Constitutional Court Order 2008HunGa22, Aug. 30, 201; Supreme Court en banc Order 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do7941, Dec. 27, 2007; Supreme Court Decision 2008Do3242, Jun. 26, 2008); and the defendant’s above assertion cannot be accepted.

It is difficult to expect that the defendant who refuses to enlist in the military according to the religious belief on the reason of sentencing will perform military service.

Therefore, the minimum sentence of a sentence that meets the requirements for exemption from military service is sentenced, but it is not likely to destroy evidence or escape, so the court's detention is not a legal detention.