A Man in His 20s Who Refused Military Service Twice Suddenly Claims "I'm Homosexual" After Receiving Prison Sentence... Appeals Court Also Sentences Him to 1 Year and 6 Months

Prosecuted Again for Military Service Refusal During Probation
Claims "Homosexual Identity" in Trial... Court Dismisses Case

A man in his 20s who was sentenced to probation after being tried for violating the Military Service Act has been re-indicted for evading military service again. It is reported that this man suddenly claimed to have a homosexual sexual identity after being sentenced to imprisonment.

According to the legal community on the 23rd, the Criminal Appeals Division 1-1 of Suwon District Court (Presiding Judges Yeom Ki-chang, Eom Gi-pyo, Lee Jun-gyu) recently dismissed the appeal of Mr. A (29), who was sentenced to 1 year and 6 months in prison in the first trial for violating the Military Service Act, upholding the original verdict.

Mr. A was sentenced to 8 months in prison with 2 years probation last October for violating the Military Service Act, and the sentence was finalized in November of the same year. At that time, he admitted the charges during the trial and reportedly stated that he would “serve the military faithfully.”

However, on December 1 of last year, Mr. A received an active duty enlistment notice from the head of the Gyeongin Regional Military Manpower Administration to report to the Army Training Center in Nonsan, Chungnam, but he was indicted again for failing to comply without a valid reason.

During the first trial, Mr. A pleaded, “I am ashamed and sorry,” “If given a chance, I will never make such a mistake again,” and “I will cut my hair short and enlist even tomorrow.”

Trainees undergoing individual combat training at the Army Training Center in Nonsan-si, Chungnam. [Image source=Yonhap News]

However, after being sentenced to imprisonment and detained in court in the first trial, Mr. A suddenly claimed that he was a person with a homosexual sexual identity and that he conscientiously objected to military service based on pacifist beliefs that absolutely respect individual personality and life, and filed an appeal.

The appellate court stated, “The defendant did not make the claims cited as reasons for appeal and admitted the charges until the original trial and the first trial where probation was sentenced. However, after being detained in court in the first trial, he raised the fact that he is homosexual and claimed conscientious objection to military service.”

It continued, “The defendant submitted a written statement and petitions from family and acquaintances as evidence, but the defendant’s attitude and statements are inconsistent, and the claims cannot be readily believed based solely on the written statement and petitions.”

Furthermore, the court explained the sentencing rationale: “Even if the defendant’s claims about sexual identity and subjective beliefs are recognized, considering the security situation and the establishment of national security through faithful fulfillment of military service obligations, it is difficult to accept this as a justifiable reason such as conscientious objection to military service on religious grounds.”

Meanwhile, the Constitutional Court previously made a decision in 2018 recognizing conscientious objection to military service. Accordingly, the Act on the Placement and Service of Alternative Service Personnel (Alternative Service Act) was enacted and implemented in January 2020, and the first conscription took place in October of the same year. Last November, 60 first-term alternative service personnel completed their 3-year service and were discharged.

This content was produced with the assistance of AI translation services.