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

Punishment of the crime

The defendant is a person subject to enlistment in active duty service, and is a witness of women and children.

Although the Defendant received a notice of enlistment in active duty service under the name of the head of the Gyeonggi Northern District Military Manpower Branch Office, which was to enlist in the defendant's house located in Yongsan-gu B 107 Dong Dong Dong-dong on April 9, 2012 from the defendant's house located in Yongsan-gu B 107 Dong 1006 up to May 22, 2012, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Legal statement fit to the defendant's statements;

1. Application of Acts and subordinate statutes to the written accusation, written confirmation of facts, and written notification;

1. The Defendant asserts to the purport that there is a justifiable reason for refusing enlistment, on the grounds that the pertinent legal provision on criminal facts, Article 88(1) of the Military Service Act, the Defendant’s argument regarding the Defendant’s argument regarding the choice of imprisonment with labor is based on the Constitution of the Republic of Korea (the prohibition of discrimination by religion under Article 10, the freedom of conscience under Article 19, the prohibition of excessive restriction under Article 37(2) and the prohibition of fundamental infringement of human rights in which the Republic of Korea is a party) and the international agreement on human rights guaranteed by each of the above statutes, and thus,

However, the "justifiable cause" of Article 88 (1) of the Military Service Act, which is a punishment provision for refusal of enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance itself. However, it should be deemed that there is a reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, that is, a reason that is not attributable to the non-performance of the military service. On the other hand, on the other hand, the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the right of the non-performance of the specific military service is recognized as having superior constitutional value that enables the legislative purpose of the above legal provision, even if it