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

Punishment of the crime

The defendant is a religious religious believers B.

The Defendant, as a person subject to enlistment in active duty service on November 9, 2015, failed to undergo the enlistment without justifiable grounds by not later than three days after receipt of the notice of enlistment in the name of the head of the Military Affairs Administration in the name of the head of the Chungcheongbuk-gu Military Manpower Administration from his mother to December 29, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Written charge of the Military Manpower Administration in Chungcheongbuk-do;

1. A written statement and an accusation statement of E;

1. Notification of enlistment in active duty service, plan to notify enlistment in active duty service, list of persons to be notified of enlistment in active duty service, notification of enlistment in active duty service, progress of delivery, and application

1. Determination as to the assertion by the Defendant and the defense counsel regarding criminal facts under Article 88(1)1 of the relevant Act

1. The alleged defendant, as the believers of religious organization B, refused to enlist in active duty service according to his religious conscience, and such right to refuse military service is guaranteed under Article 19 of the Constitution of the Republic of Korea and Article 18(1) of the UN Covenant on Freedom, and thus, the defendant's refusal to enlist in active duty service constitutes "justifiable cause" under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37, Paragraph 2 of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is prepared for the purpose of embodying the duty of national defense, which is the most basic duty of the people.