The defendant is a person in active duty service.

On September 16, 2014, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Daejeon District Military Manpower Office, which was located in the Dong-dong, Chungcheongnam-gu, Chungcheongnam-do on October 102, 2014, and the Defendant failed to enlist without justifiable grounds, even though three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Military register inquiry;

1. Accusation of a person evading military service;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant, who is a new witness to women with friendship, refused enlistment in active duty service according to the order of conscience in accordance with the religious doctrine, and thus, there is justifiable reason to refuse enlistment.

2. Determination ① The Constitutional Court made a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Decision 2008Hun-Ga22, 2009Hun-Ga7, 24, 2010Hun-Ga16, 37, 2008Hun-Ba103, 209Hun-Ba3, 2011Hun-Ba16, etc.). ② Military service duty is ultimately to ensure the dignity and value of all citizens through national security, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests. Accordingly, for the purpose of protecting the constitutional legal interests, the freedom of conscience of conscientious objectors is restricted pursuant to Article 37(2) of the Constitution.

Even if such restriction is permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004); and (3) the exemption of conscientious objectors from the duty of military service or from the establishment of alternative military service system cannot be evaluated as a violation of the bylaws; and the introduction of alternative military service system, etc.