No person shall comply with a call-up without justifiable grounds within three days from the date of call-up, even after receipt of a notice to call-up of social service personnel.

On February 26, 2016, the Defendant did not respond to convening a meeting without justifiable grounds, even though he/she received a notice of convening a call to arrive at the Army Training Center by his/her mother C by April 14, 2016, from the Defendant’s house located in Mapo-gu Seoul Metropolitan Government around February 26, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes of a notice of convening social service personnel;

1. Article 88 (1) 2 of the relevant Act on Criminal Facts cannot be deemed as constituting “justifiable cause” as provided for the exception to punishment under the Military Service Act, and punishing the conscientious objectors is not contrary to the freedom of conscience under Article 19 of the Constitution (Supreme Court Decision 2004Do2965 Decided July 15, 2004, etc.). Furthermore, the right to be exempted from the application of the above provision of the Military Service Act to conscientious objectors pursuant to Article 18 of the “International Covenant on Civil and Political Rights” in which the Republic of Korea is a member of the Republic of Korea cannot be derived immediately, and even if the United Nations Commission on the Freedom of Freedom proposed a recommendation on the Code, this does not have legal binding force (Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). The defendant refuses military service according to his conscience and recognizes conscientious objectors as a substitute for the defendant.

However, in consideration of the fact that the defendant committed the crime of this case according to conscience and the first offender, etc., the sentence of the same punishment shall be imposed, but even if the sentence is imposed, it is likely to escape the defendant.

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