Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The Defendant, at around 21:00 on September 27, 2013, at the Defendant’s house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on November 11, 2013, failed to enlist in the army training center under the name of the director of the Seoul Regional Military Manpower Office to enlist in the army training center located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, without justifiable grounds, by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes to parcel-post inquiries;

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

1. The Defendant asserted that he refused to enlist in active duty service according to his religious conscience as a witness of a female son.

Such conscientious objection constitutes justifiable grounds under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not fulfilled properly and the national security is not guaranteed, the dignity and value as human beings cannot 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 deemed as superior value to the above constitutional legal interests.

Therefore, the above is applicable.