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

Punishment of the crime

Although the Defendant received a notice of enlistment in active service under the name of the director of the Daejeon District Military Manpower Office, to enlistment in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, and Dong 103 on November 1, 2013, from the Defendant’s residence located in Seocheon-gu, Chungcheongnam-gu, and Dong 103 on December 9, 2013, the Defendant failed to enlist without justifiable grounds by the date three days after the date of enlistment, on the ground that the enlistment goes against the religious doctrine of “novah’s Witness” in which he believed.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning receipt of enlistment notice in active duty service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that he is not guilty on the ground that the Defendant’s refusal of enlistment in active duty service based on a religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, which constitutes a religious believers, a female witness, refused enlistment in active duty service according to his religious conscience.

However, it cannot be deemed that a religious conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is rejected.