병역법위반
A defendant shall be punished by imprisonment for not less than one year and six months.
The request for adjudication on the constitutionality of the instant case is dismissed.
Punishment of the crime
The defendant is a witness witness in Jehovahovah.
On November 5, 2013, the Defendant, as a person subject to enlistment in active duty service, received a written notice of enlistment in the name of the head of the Military Affairs Administration in the Incheon Gyeonggi-do Military Manpower Administration on December 17, 2013 from the Incheon Gyeonggi-do Branch of the Military Manpower Administration, “A person to be enlisted in the army as a supplement to the 102 supplement located in the Yongsan-gu Incheon Metropolitan City, Chungcheongnam-do, Incheon-si, Incheon-si, Incheon-si, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. The filing of an accusation, a written accusation, a notice of enlistment in active duty service, and the application of statutes governing the natural register not drafted;
1. The Defendant and his defense counsel’s assertion on criminal facts as to the assertion of the Defendant and the defense counsel under Article 88(1)1 of the pertinent Article of the Military Service Act asserted that the Defendant and the defense counsel refused to enlist in active duty service according to a religious conscience, as stated in its reasoning, as the same is a right recognized pursuant to Articles 10 and 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights. As such, the Defendant’s conscientious objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
The freedom of conscience realization is also a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in a case where there is a constitutional legal interest to justify the restriction, and Article 88(1) of the Military Service Act is prepared to embody the duty of national defense of the most fundamental citizen. If the duty of military service is not properly performed and the national security is not ensured, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service is ultimately to ensure the dignity and value as a human being of all citizens.
Therefore, the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests.