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

Punishment of the crime

On October 27, 2016, the Defendant: (a) at his house located in 102 Dong Dong 205, Dong 102, Dong 205, the Defendant, as a Jehovah’s Witness Do; (b) through electronic mail, entered the army into the army with an incorporated association of 37 in the Army located in Yan-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, 2016; and (c) received a written enlistment notice from the Military Manpower Administration on December 20, 201, the Defendant did not, without good cause, enlist until three days

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Application of statutes on the list of persons who notify enlistment in active duty service and e-mail in active duty service;

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

1. The gist of the argument is that the Defendant did not enlist in the military as stated in the facts charged, but the Defendant’s act is so-called “ conscientious objection” and thus, not guilty on the ground that it constitutes “justifiable cause” as stipulated in Article 88(1) of the Military Service Act.

2. The freedom of conscience realization by passive omission among the freedom of religious conscience can be deemed as a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in a case where there is a constitutional legal interest to justify the restriction.

However, the duty of military service, which is recognized by the provision on the defense of our Constitution and the provision on the duty of military service, is the most fundamental requirement for the existence of the nation’s community, ultimately guaranteeing the dignity and value of the people as human beings. Thus, the Defendant’s freedom of conscience, etc. cannot be deemed as a superior value to such constitutional legal interests. As a result, even if the freedom of conscience, etc. of the Defendant is restricted pursuant to Article 37(2) of the Constitution for the above constitutional legal interests, it can be deemed as a legitimate restriction permitted under the Constitution.

On the other hand, punishment shall be imposed on those who refuse enlistment in active service.