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

Punishment of the crime

On August 13, 2012, the Defendant is a person subject to enlistment in active service who was judged to be subject to Grade II active duty service.

A person who has received a written notice of enlistment in active service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on August 1, 2014, the Defendant issued a written notice of enlistment in active duty service under the name of the director of the Daegu-gu regional military manpower office on September 23, 2014 to enlistment from C on September 23, 2014, in the residence of the Defendant, Daegu-gu B apartment, 6 Dong 508, and 508, the Defendant did not enlist without justifiable grounds.

Accordingly, the defendant evaded enlistment in active duty service without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Official notices concerning enlistment in active duty service;

1. Application of Acts and subordinate statutes of the domestic registration mail office;

1. As to the Defendant’s assertion on criminal facts under Article 88(1) of the relevant Article of the Criminal Act, the Defendant asserts that a conscientious objection is to be made according to his religious doctrine, and that it constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

The Constitutional Court made a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The conscientious objection based on conscience does not constitute “justifiable cause” as provided for the exception of punishment under the foregoing provision. From the provisions of Article 18 of the International Covenant on Civil and Political Rights in which the Republic of Korea is a member of the Republic of Korea, the right to be exempt from the application of the foregoing provision is not derived, and the United Nations Commission on Freedom of Civil and Political Rights presented recommendations to the conscientious objectors.

Even if this does not have any legal binding force, the Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, Supreme Court Decision 2004Do2965 Decided November 2007.