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

Punishment of the crime

On July 1, 2013, the Defendant received a notice of enlistment in active duty service in the name of the director of the Daegu-gu regional military manpower office to enlistment in the 102 supplementary units located in the Gangnam-gu Seoul Special Metropolitan City, Gangwon-do, Gangwon-do. on August 27, 2013.

Nevertheless, the defendant did not enlist in the military even three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to a copy of enlistment notice in active duty service, or a copy of domestic registration/sub-mail;

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

1. The gist of the assertion is C faith, which refuses enlistment according to a religious conscience and belongs to the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution, and such right constitutes “justifiable cause” under Article 88(1) of the Military Service Act and does not constitute a crime.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, the reason why the nonperformance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, is not attributable to the person who failed to perform the military service, i.e., the reason why the non-performance of the military service cannot be justified. However, even in a case where a person who refused to perform the specific military service is guaranteed by the Constitution of the Republic of Korea, and the right to the specific military service is recognized as having superior constitutional value to the legislative purpose of the above legal provision, if punished by the application of Article 88(1) of the Military Service Act, the punishment would result in undue infringement of his constitutional right. Thus, there exists a justifiable reason to refuse to perform the military service to the person