The Defendant, “B,” and on May 22, 2013, was issued a notice of enlistment in active duty service under the name of the director of the Daejeon District Military Manpower Office, to the Defendant’s office located in Seo-gu Daejeon District Office No. 102, Seo-gu, Seo-gu, Daejeon District Office, to the Army Training Center located in the Geumsan-si, Seosan District Office until June 24, 2013, and did not, without justifiable grounds, enlist until the 27th day of the same month after three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes on domestic registration/post distribution;

1. The Defendant, on the grounds of sentencing under Article 88(1)1 of the pertinent Act regarding criminal facts, refuses to enlist as active duty servicemen on the ground of a religious conscience belief based on the doctrine of religious doctrine of “B”.

However, Article 88 (1) of the Military Service Act is prepared to specify the duty of national defense of the most basic citizen.

In addition, if the duty of military service is not properly performed and the national security is not achieved, it seems clear that the dignity and value as human beings can not be guaranteed.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors cannot be said to be superior to the above constitutional legal interests.

As a result, even if the defendant's freedom of conscience is restricted pursuant to Article 37 (2) of the Constitution for the above constitutional legal interest, it is a legitimate restriction under the Constitution.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004). Therefore, the current law, which does not allow alternative military service to a conscientious objector based on a religious belief such as the Defendant, inevitably imposes a sentence on the Defendant, but the Defendant committed the instant crime according to the belief based on the doctrine of religion “B”.