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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
Although the Defendant, as a person subject to enlistment in active duty service on July 25, 2014, received a written notice of enlistment in active duty service to be enlisted as a 306 supplementary enlistment in the Dong-dong of the Government on September 30, 2014 at the Defendant’s residence located in the Hanju-si B apartment 2 and 106 on September 30, 2014, the Defendant failed to enlist until October 3, 2014, which is possible for delayed enlistment without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. A written accusation;
1. Notice of enlistment in active duty service in September 2014, and the application of Acts and subordinate statutes regarding registered mail inquiries;
1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts that, as a new witness, he/she refused enlistment according to an order of conscience in accordance with his/her religious doctrine, he/she constitutes “justifiable cause” under Article 88(1) of the Military Service Act.
"Justifiable reason" under Article 88 (1) of the Military Service Act, which is a punishment provision for refusal of enlistment, is, in principle, premised on the existence of abstract military service and the acknowledgement of its performance. However, it shall be deemed that there is a justifiable reason to refuse the performance of military service, such as illness, etc., in order to justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration. However, on the other hand, in a case where a person who refuses to perform the specific military service is guaranteed by the Constitution of Korea, and the right to the specific military service is recognized as having superior constitutional value to the legislative purpose of the above provision, even if the punishment is imposed by the application of Article 88 (1) of the Military Service Act, it would result in undue infringement of his constitutional right. Thus, in this case, it is reasonable to deem that there exists a justifiable reason to refuse to perform the military service to
On the other hand, Article 88(1) of the Military Service Act is the most important.