병역법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
The gist of the grounds for appeal (legal scenario) falls under the case where there exists a justifiable reason prescribed by Article 88(1) of the Military Service Act to refuse enlistment according to a religious conscience as the believers of “B religious organization.” Even if justifiable reason is denied, there is no possibility for a defendant to be lawful in accordance with the order of an unconditional religious conscience even if the justifiable reason is denied, and on the other hand, there is no intent to evade military service inasmuch as the defendant intends to do private alternative service that is irrelevant to the military and is not contrary to conscience.
Nevertheless, the court below erred by misapprehending the legal principles in finding guilty of the facts charged of this case.
Judgment
The summary of the instant facts charged is a person to be enlisted in active service.
Although the Defendant received a notice from the director of the Daejeon District Military Manpower Office to enlistment in the Army Training Center as of February 6, 2017 at Daejeon, Daejeon District Military Manpower Office, which was located in 16-gil-5, Jung-gu, Daejeon on January 2, 2017, the Defendant failed to enlist in the army without justifiable grounds until February 9, 2017, when three days have elapsed from the date of enlistment.
The lower court found that conscientious objection does not constitute justifiable grounds as prescribed by Article 88(1) of the Military Service Act, and found the Defendant guilty of the facts charged in this case and sentenced the Defendant to one year and six months of imprisonment.
Military service objection and so-called conscientious objection pursuant to legal conscience related to the judgment of the political party refers to an act of refusing to perform the duty of military service involving participation in military training or arms on the grounds of conscientious decision formed in religious, ethical, moral, philosophical or other similar motives.
Article 88(1) of the Military Service Act provides that a person who refuses enlistment in active service shall be punished by imprisonment for not more than three years.
In the Constitution, there is no emphasis on the national security, the new duty of national defense, and the duty of national defense given to the people.
The existence of the State.