병역법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal is that the defendant did not enlist in the military on the grounds of religious conscience as D faith. However, such conscientious objection is based on the freedom of conscience as stipulated in Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights of the United Nations (hereinafter referred to as the “Rules on Freedom”); the United Nations is referred to as the “ United Nations; and the organization under the Convention for the Implementation of the said Covenant is referred to as the “ United Nations Convention on Freedom of Freedom”). Thus, the defendant was guilty of the facts charged in the instant case, despite justifiable grounds stipulated in Article 88(1) of the Military Service Act, the court below erred by misapprehending the legal principles.
2. Determination
A. The summary of the facts charged in the instant case and the summary of the applicable legal provisions of the facts charged, notwithstanding that the Defendant, who received a written notice of enlistment, is required to enlist within three days from the date of enlistment as a person subject to active duty service, the Defendant failed to enlist on the designated date without justifiable grounds even after having received a written notice of enlistment under the name of the head of the Military Affairs Administration in Busan District Office.
A public prosecutor prosecuted by applying Article 88(1) of the Military Service Act, and Article 88(1) of the Military Service Act shall be punished by imprisonment with prison labor for not more than three years, if a person who has received a notice of enlistment in active duty service or a notice of call (including a notice of enlistment through an invitation) fails to enlist in the military or to respond to a call even after the following period from the date of entering the military service or the date of call-up without justifiable grounds:
Article 88(1) of the Military Service Act provides that “The enlistment in active service shall be three days,” and subparagraph 1 of the same Article provides that “The Military Service Act has been amended several times after the instant case, but there is no change in the substance of the provisions described below, including Article 88(1).”
Unless otherwise indicated below, the current Military Service Act refers to .b. the lower court.