The defendant is a person who has been on July 19, 2008 and served as a witness of Shhohovah and has been engaged in religious activities with good faith until now, and is a person subject to enlistment in active duty service.

On November 10, 2014, the Defendant received a written notice of enlistment in active duty service from the director of the Incheon Gyeonggi-do regional military manpower office to enlist in active duty service in the 306 Supplementary Zone located in the 306 Supplementary Zone, Jung-gu, Jung-gu, Jung-gu, Jung-gu, the Defendant’s house, from November 10, 2014, to December 2, 2014, but failed to enlist not later than three days after the date of enlistment, on the ground that the Defendant violated the doctrine of sexual intercourses taught by the believers and the witness of the believers, which the Defendant is new and new.

Summary of Evidence

1. Partial statement of the defendant;

1. Fact-finding certificates;

1. Application of the Acts and subordinate statutes to the prosecution of those who evade military service (the refusal of enlistment and collection), accusation, written accusation, written accusation, domestic registration mail investigation, and enlistment in active service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant did not enlistment in active service according to his religious conscience, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Of the freedom of conscience under the Constitution, Article 19 of the Constitution provides that “all citizens shall enjoy the freedom of conscience.” While the freedom of conscience held in the inner mind cannot be restricted, the freedom of conscience formation, which is absolutely subject to protection. On the other hand, the freedom of conscience realization in the stage where the formation of conscience externally expressed and realized is relative freedom and may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. The duty of military service, one of the duty of national defense as referred to in Article 39(1) of the Constitution, ultimately requires the most fundamental foundation for the existence of a nation’s community.