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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is a person subject to enlistment in active duty service. On May 27, 2010, the Defendant failed to enlist, without justifiable grounds, until July 2, 2010, when three days have elapsed since the date of enlistment, in the name of the director of the Incheon Gyeonggi Military Manpower Office, to enlist in the 306 supplementary unit located in the Dong-dong, Dong-dong, Dong-si, Sungnam-si, Sungnam-si, Incheon Metropolitan City, 1003 Dong 501, and the date of enlistment in the 306 additional unit located in the Dong-dong, Dong-dong, Dong-si, Dong-si
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes on the written accusation;
1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts to the effect that the refusal of military service according to the freedom of conscience guaranteed by the Constitution constitutes justifiable grounds under Article 88(1) of the Military Service Act.
However, among the freedom of conscience under the Constitution, Article 19 of the Constitution provides that "all citizens shall enjoy the freedom of conscience." Among the freedom of conscience under the Constitution, the freedom of conscience formation held in the inner trial may not be restricted to what is, and thus, may be absolute protection. On the other hand, the freedom of conscience realization in the stage of externally expressed and realized may be restricted by law in a case where it violates legal order itself or conflicts with other constitutional values. The freedom of military service, one of the people's duty of national defense under Article 39 (1) of the Constitution, ultimately requires the most fundamental foundation for the existence of a community of the nation. Thus, if the freedom of conscience realization conflicts with that of the military service, it may be restricted by law pursuant to Article 37 (2) of the Constitution, which is a legitimate restriction permitted by the Constitution, and as to a person who refuses to enlist in active service in order to secure the performance of the duty of military service.