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

Punishment of the crime

The defendant is a religious organization believers who is subject to enlistment in active duty service.

On June 25, 2013, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the Army Training Center on August 12, 2013, and did not enlist after the lapse of three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation of the Seoul Regional Military Manpower Office;

1. Application of Acts and subordinate statutes by registered mail sending;

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. The Defendant for the reason of sentencing is refusing to enlist in active duty service on the ground of a religious belief based on a religious doctrine based on a specific religious doctrine of “B religious organization”.

However, Article 88 (1) of the Military Service Act is prepared to specify the duty of national defense of the most basic citizen.

In addition, if the duty of military service is not properly performed and the national security is not achieved, it seems clear that the dignity and value as human beings can not be guaranteed.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors cannot be said to be superior to the above constitutional legal interests.

As a result, even if the defendant's freedom of conscience is restricted pursuant to Article 37 (2) of the Constitution for the above constitutional legal interest, it is a legitimate restriction under the Constitution.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004). Therefore, under the current law that does not allow alternative military service for conscientious objectors based on religious belief such as the defendant, the defendant must be sentenced to punishment for the defendant. However, the defendant begins with “B religious organization” at his own option and begins with the religious doctrine of the same religion.