beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
No person who has received a written notice for enlistment in active service shall enlist in the military without justifiable grounds.
Nevertheless, on October 2, 2013, the Defendant received a notice of enlistment in active service under the name of the director of the regional military manpower office in the Chungcheong-gun, Chungcheongnam-gun, 101 Dong 1710, and from November 26, 2013 to November 14:00, the Defendant failed to enlist in the military unit in the name of the 37th unit located in the Chungcheong-si, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes to enlistment notice in active duty service, management screen pictures of e-mails, Military Manpower Administration, and military register inquiry;
1. The Defendant and his defense counsel on the assertion of the Defendant and his defense counsel regarding criminal facts under the main sentence of Article 88(1)1 of the pertinent Act concerning criminal facts alleged that conscientious objection pursuant to a religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act and thus, cannot be punishable.
“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 the performance thereof. However, it should be deemed that there is a reason why the nonperformance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, etc. can be justified, i.e., that is, a reason not attributable to the person who has failed to perform the military service. However, even in a case where a person who has refused to perform the specific military service is guaranteed by the Constitution of Korea, and the right is recognized as having superior constitutional value to the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88(1) of the Military Service Act, it would result in an undue infringement of his constitutional right, and thus, when such a case is unconstitutional, there is a justifiable reason to refuse