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

Punishment of the crime

On November 4, 2013, the Defendant did not, without justifiable grounds, enlist in the army training center in the name of the director of the Incheon Gyeonggi Military Manpower Administration, to be enlisted in the army training center in the Dong-gu, Seosan-si as of December 2, 2013 at his own house located in Ansan-si, Ansan-si, and 201 (C) on or around November 4, 2013, by not later than three days after the date of enlistment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a written accusation, a written accusation, a written accusation, a domestic registration inquiry, military register inquiry, additional enlistment notice, a list of notified persons for enlistment in active duty service, a list of persons not enlisted for conscription, or a written investigation report sent to the Military Manpower Administration;

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

1. The Defendant asserted that he refused to enlist in active duty service according to one’s conscience as the believers of “D religious organization”. Since the right to conscientious objection is guaranteed pursuant to Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights incorporated into domestic law, the Defendant’s exercise of the right to conscientious objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act means a justifiable reason under Article 88(1) of the same Act is, in principle, premised on the existence of an abstract duty of military service and the confirmation of the performance of such duty itself. However, a reason that may justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., illness, or any other reason that cannot be attributable

(see, e.g., Supreme Court Decision 2003Do5365, Dec. 26, 2003). However, on the other hand, a person who refuses to perform a specific duty of military service is guaranteed by the Constitution of the Republic of Korea.