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

Punishment of the crime

The Defendant, as a person subject to enlistment in active duty service on November 5, 2015, received a notice of enlistment in active duty service from the Defendant’s house located in 108 Dong Dong-si B building 901, to the Army Training Center located in Seosan-si on December 28, 2015 through e-mail, but failed to enlist for the period of three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the accusation, the list of e-mail receptions, and the list of persons not drafted;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. The Defendant asserted that he refused enlistment based on his religious belief or conscience as a female witness, and that constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant did not constitute a crime of violating the Military Service Act against the Defendant.

2. On the one hand, Article 88(1) of the Military Service Act was prepared to embody the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value as human beings cannot be guaranteed if the national security is not secured because the duty of military service is not fulfilled properly.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, so even if the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution, it is a legitimate restriction permitted under the Constitution.

B. In order to secure the fulfillment of the duty of military service, there is a wide range of legislative discretion on whether to impose punishment on the refusal of enlistment in active service, and whether to recognize the alternative service.

As such, the exception to those who refuse enlistment on the grounds of conscience and religious freedom can substitute enlistment on active duty.