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

Punishment of the crime

The Defendant, a person subject to enlistment in active duty service, was the Defendant’s house located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 101 Dong 1302 on August 19, 2015, and “to be enlisted in active duty service at the Army Training Center located in Jung-gu Seoul Special Metropolitan City on September 21, 2015,” but received a notice of enlistment in active duty service under the name of the head of the Seoul Regional Military Affairs Administration, did not enlist until three days after the date of the enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. The filing of an accusation, a written accusation, the enlistment of active duty servicemen (in reserve service), and the application of Acts and subordinate statutes concerning the progress of postal delivery;

1. Determination as to the Defendant’s assertion on criminal facts under Article 88(1) of the pertinent Act

1. The alleged defendant refused to enlist in active duty service according to his religious conscience as a religious believers who is a female and female witness. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the crime of evading enlistment is not established.

2. Article 88(1) of the Military Service Act is a legal provision prepared in order to promote national security by embodying the duty of national defense under a special real security situation in Korea. As a result, even if the defendant’s freedom of conscience is restricted under Article 37(2) of the Constitution for the sake of the above constitutional legal interest, it is reasonable to view that such restriction is a justifiable restriction permitted under the Constitution (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do8187, Nov. 29, 2007; 2008HunGa22, Aug. 30, 201).

It is ordered as ordered in consideration of the grounds for rejecting the enlistment of the defendant with the reasons for sentencing, equity with other similar cases, and other circumstances that serve as the conditions for sentencing specified in the records of this case.