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

Punishment of the crime

On May 29, 2013, the Defendant received the enlistment notice to enlistment in active service as the Army Training Center on June 17, 2013, 201, the Defendant failed to enlist on the same day without justifiable grounds until June 20, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Inquiry by registered mail;

1. Inquiry into military register;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes on the annual list of persons who have not been drafted;

1. As to the Defendant’s assertion on criminal facts and the grounds for sentencing as to the Defendant’s assertion under Article 88(1)1 of the pertinent Act regarding criminal facts, the Defendant alleged that conscientious objection constitutes justifiable grounds as prescribed by Article 88(1) of the Military Service Act. As such, the duty of military service is ultimately to ensure the dignity and value of all citizens as a human being. As such, the duty of military service is to ultimately ensure the dignity and value of all citizens, and it cannot be deemed as superior value without any restriction. Accordingly, the State’s criminal punishment of conscientious objectors in accordance with a reasonable legislative discretion violates Articles 10, 19, and 37(2) of the Constitution, thereby unfairly infringing the freedom of conscience.

Article 6(1) of the Constitution or Article 18 of the International Covenant on Civil and Political Rights cannot be deemed as contrary to Article 6(1) of the Constitution, and such objection does not constitute “justifiable cause” under Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, and Supreme Court Decision 2007Do7941 Decided December 27, 2007, etc.). Accordingly, the Defendant’s above assertion is rejected.

In relation to sentencing, the Defendant, as a believers, has avoided enlistment according to the belief of the religious doctrine above, and the Defendant appears to have a firm intent to reduce the prison life instead of enlistment, and the Defendant cannot be exempted from military service unless the Defendant is sentenced to imprisonment for not less than one year and six months under the current law.