A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is “B”.

In July 2012, the Defendant did not enlist in the military without justifiable grounds until September 7, 2012, 2012, in the name of the director of the Chungcheongnam-gu Military Manpower Office, to which the Defendant was directly sent a written notice of enlistment in the active service under the name of the head of the Chungcheongnam-gu Military Manpower Office, Cheongju-si, Cheongju-si, Cheongju-si, 122 and 405, from his house to 14:00 on September 4, 2012, to which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a written accusation, a written statement of accusation, a written explanation of accusation, enlistment in active duty service, and notification and management of E-Mil;

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

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1) of the relevant Act

1. The gist of the argument is that the Defendant, as B, refuses military service according to his religious conscience. This is the right derived from the freedom of conscience guaranteed by Article 19 of the Constitution, and is derived from Article 18 of the International Covenant on Civil and Political Rights (ICCP) on which the Republic of Korea is a party, and the Defendant’s refusal of military service constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. With respect to conscientious objection based on conscience, the Constitutional Court does not infringe on the freedom of conscience under Article 88(1) of the Military Service Act, which is a provision punishing conscientious objectors, and it is difficult to deem that the right to conscientious objection is immediately recognized or the legal binding force on conscientious objection is established in accordance with the International Covenant on Civil and Political Rights to which Korea joined April 10, 190. There is no international human rights treaty that explicitly recognizes the right to conscientious objection. Even if the right to conscientious objection is guaranteed in some countries such as Europe, it cannot be said that the customary international law regarding the guarantee of the right to conscientious objection has been formed worldwide.