As a person subject to enlistment in active duty service, the Defendant received a written notice of enlistment from the director of the Daegu-gu regional military manpower office from the head of the Daegu-gu regional military manpower office from October 26, 2012 to December 4, 2012, from the defendant's house located in Daegu-gu B 105 Dong-dong B 1302, the Defendant did not enlist without justifiable grounds until January 3, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on details of confirmation of enlistment notice;

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’s act of refusing enlistment according to a strong religious conscience constitutes a right to guarantee the freedom of conscience under Article 18 of the International Covenant and Article 19 of the Constitution, and that the act constitutes justifiable cause under Article 88(1) of the Military Service Act.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and if national security is not achieved because such duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's freedom of conscience is more superior to the above constitutional legal interests.

As a result, for the above constitutional legal interests, the freedom of conscience of a defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Even if the Defendant’s act is based on religious conscience, it cannot be deemed as constituting “justifiable cause” under Article 88(1) of the Military Service Act.

The defendant's reason for sentencing is the case under his religious belief.