Housing Daegu

Reference domicile Daegu

The Defendant is a person in active duty service.

On December 10, 2018, the Defendant directly received a notice of enlistment in the name of the director of the Daegu-do regional military manpower office to enlistment in the 21st group located in Yang-gun, Gangwon-do from the Defendant’s residence in Daegu to December 24, 2018, but failed to enlist within three days from the date of enlistment without justifiable grounds.

As a result, the defendant did not enlist within three days without justifiable reasons after receiving a notice of enlistment in active duty service.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Delivery of a written notice for enlistment in active duty service, details of receipt, application for postponement of the date of performance of military service, receipt of the written notice of enlistment;

Application of Statutes

1. Article applicable to criminal facts;

Article 88 (1) 1 of the Military Service Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

Since the defendant refused to enlist in the military in accordance with the belief of peacefulism, it constitutes justifiable grounds under Article 88(1) and (3) of the Military Service Act.

2. Determination

A. Relevant legal principles

The so-called conscientious objection according to conscience refers to the act of refusing to perform military service on the grounds of a religious, ethical, and philosophical or similar motive. Inasmuch as military service cannot be performed without renunciation of conscience and the performance of one’s duty of military service can be destroyed by one’s own value as a human being, then refusal to perform the duty of military service is an important issue. Ultimately, given that conscientious objectors cannot be waived and cannot be destroyed by one’s own value as a human being, it is necessary for the Defendant to examine and determine conscientious objection that may be recognized as justifiable reasons (see Supreme Court en banc Decision 2016Do10912, Nov. 1, 2018). Here, conscience is devout, firm, and sincere. Inasmuch as conscientious objection is devout with one’s conscience, it should be determined that the Defendant’s belief and belief is devout with respect to one’s own conscience as well as one’s own conscience, and that such belief and belief should not have any influence on the belief and behavior of the Defendant.

It is difficult to expect that a defendant's reason for sentencing refuses to perform his military service on his own belief, and therefore it is difficult to expect voluntary performance of military service. Thus, considering the criminal records of the defendant and the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime and arguments in this case, a minimum sentence meeting the requirements for exemption from military service like the order. However, the court detention shall not be made by taking into account the following factors: (a) the defendant has faithfully taken the criminal records and the defendant's age, character and conduct, motive, means