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

Punishment of the crime

The defendant is a believers of a religious organization, and a person who has received a written notice of enlistment in active service shall not enlist within three days from the date of enlistment without justifiable grounds, but shall not enlist in the military on October 16, 2013, and on November 39, 2013.

'A' did not enlist within three days without good cause even though he received the enlistment notice.

Summary of Evidence

1. Partial statement of the defendant;

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

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent statutory provisions of the Military Service Act, the Defendant asserts to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as a new church of a religious organization B, refused military service according to one’s religious conscience guaranteed by the Constitution.

The above argument by the defendant does not constitute justifiable grounds under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Thus, the above argument cannot be accepted.

It is so decided as per Disposition for the above reasons.