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

Punishment of the crime

The defendant is a person subject to enlistment in active service who has been judged as a Grade III of the draft physical.

A person who has received a written notice of enlistment in active duty service shall not be enlisted within three days from the date of enlistment without justifiable grounds.

On November 4, 2016, the Defendant received on December 26, 2016 a notice of enlistment in active duty service to enlistment as an incorporated association training center of the Army No. 30 on December 26, 2016 at the Gyeonggi-si apartment B and the Defendant’s residence in the Gyeonggi-si, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute stated in the charge, a written accusation, a written accusation, a notice of enlistment in active duty service, the details of receipt of notice, and a written notification;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant did not enlist according to his religious conscience, and there was a justifiable reason for not enlistment, since he did not enlist in the military.

The argument is asserted.

“Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of an abstract duty of military service and the confirmation of the performance of the duty of military service itself. However, it is limited to the reason why the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc. can be justified, i.e., a disease, etc.,

In addition, among the freedom of conscience stipulated in Article 19 of the Constitution, the freedom of conscience formation and the freedom of decision on conscience cannot be restricted to the extent that it remains in the inner mind and there is no need to restrict it. However, the freedom of conscience realization by passive omission is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution if there exists a constitutional legal interest to justify the restriction.

The duty of national defense stipulated in Article 39 (1) of the Constitution of Korea is the duty of national defense to protect the political independence and integrity of the territory by defending the nation from external sources.