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

Punishment of the crime

On October 8, 2014, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the 102 supplementary units located in the Yongsan Ri of the Sincheon-si, Incheon on November 11, 2011 of the same year at the Defendant’s residence located in Sinpo-si B building 601 of the same year, but did not enlist, without justifiable grounds, until the 14th day of the same month after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of a written notice of enlistment, military register inquiry, and Acts and subordinate statutes of notice of enlistment in active service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts to the effect that, as the believers’ witness, the Defendant refused enlistment according to religious belief and conscience, and the right to conscientious objection is recognized pursuant to Article 18 of the International Covenant on Civil and Political Rights, the Defendant has justifiable grounds for not enlistment.

However, fundamental rights under the Constitution should be exercised within the extent that it enables people to live a community with others within a community and does not endanger other constitutional values and the legal order of the State. Thus, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution in the event that there exists a constitutional legal interest to justify such restriction, and Article 88(1) of the Military Service Act is established to embody the duty of national defense of the most fundamental citizen. If such duty of military service is not properly performed and the national security is not performed, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately is to ensure the dignity and value of all citizens, and the freedom of conscience of conscientious objectors is more than the above constitutional legal interest.