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

Punishment of the crime

The Defendant is a “B religious organization” and is subject to enlistment in active duty service.

On June 25, 2013, the Defendant received a notice of enlistment in active duty service from the Defendant’s office located in Sinsi C, 117 Dong 1001, and from July 29, 2013, 2013, e-mail, and failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation filed against D;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the Military Service Act, the Defendant asserts that he/she is not guilty as he/she refused enlistment on the grounds that he/she is a religious belief and conscience.

On the other hand, the duty of military service under Article 39 of the Constitution and Article 88(1) of the Military Service Act is ultimately to ensure the dignity and value of all citizens as human beings, and the defendant’s freedom of conscience cannot be regarded as superior value to the above constitutional legal interests. Thus, for the above constitutional legal interests, the freedom of conscience of the defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

(See Supreme Court Decision 2004Do2965 Decided July 15, 2004, etc.). Therefore, the refusal of enlistment based on a religious conscience cannot be deemed as constituting “justifiable cause” as prescribed by the Military Service Act, and the Defendant’s above assertion is rejected.