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

Punishment of the crime

Although the Defendant stated in the facts charged on November 1, 2016 as “ November 1, 2015,” it is obvious that he is a clerical error and there is no disadvantage to the Defendant’s exercise of the right to defense, the Defendant shall be corrected as above.

Even though he received a notice of enlistment in the active duty service from the head of the Military Affairs Administration of Daegu District Office by December 5, 2016, he did not enter the military service without justifiable grounds until three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation or a certificate of receipt of notice of enlistment in active duty service;

1. Defendant’s written notice (the duty of military service is ultimately to ensure the dignity and value of all citizens as human beings.

Therefore, the State’s criminal punishment against so-called conscientious objectors in accordance with reasonable legislative discretion cannot be deemed as going against Articles 10, 19, and 37(2) of the Constitution, which unfairly infringes on the freedom of conscience, or violates Article 6(1) of the Constitution and Article 18 of the International Covenant on Civil and Political Rights.

Such conscientious objection does not constitute “justifiable cause” under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2015Do12587, Oct. 29, 2015); the application of statutes

1. As seen earlier, it is inevitable to punish the Defendant as a crime of violating the Military Service Act on criminal facts as stated in the grounds for sentencing under Article 88(1)1 of the pertinent Act.

A sentence of imprisonment with prison labor falling under the grounds for exemption from military service is imposed on a defendant, and the period was set by considering the fact that the defendant was the first offender, the circumstances leading to the crime of this case, the sentencing of the court, etc. (the dwelling of the defendant is specified, and the defendant's family relation, the attitude of leading to the investigation and trial of the defendant, etc. is not likely to escape from the defendant. Therefore,