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

Punishment of the crime

A person who has received a written notice of enlistment in active service shall enlist within three days from the date of enlistment.

Nevertheless, the defendant, on July 1, 2014, was the defendant's house located in Jung-gu, Incheon, Jung-gu 201, and "to be enlisted in the 306 Supplementary Team located in Jung-gu, Jung-gu, Incheon, the Government on August 19, 2014" did not directly receive the notice of enlistment in active duty service under the name of the director of the regional military manpower office for Incheon Gyeonggi Games, but did not enlist within three days from

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 88(1)1 of the Military Criminal Act related to criminal facts: The Defendant asserts that the refusal of military service based on a religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, inasmuch as the Defendant’s belief as a witness is a female and female witness, according to the religious conscience with the female and female he/she is guaranteed, and the right to conscientious objection based on a religious conscience is guaranteed under the Constitution and the International Covenant.

In principle, “justifiable cause” under Article 88(1) of the Military Service Act should be deemed as a matter of principle to justify the existence of abstract military service duty and the existence of the performance thereof, but the failure to perform the specified duty, i.e., reasons that are not attributable to the nonperformancer such as illness, etc. However, refusal of military service based on religious conscience does not include refusal of military service based on religious conscience, and the Constitutional Court consistently makes a decision that Article 88(1) of the Military Service Act, which is a provision punishing the evasion of enlistment

( Constitutional Court Order 2002Hun-Ga1 Decided August 26, 2004, Constitutional Court Order 2008Hun-Ga22 Decided August 30, 201, etc.). Furthermore, the foregoing Military Service Act recognizes conscientious objection as part of the freedom of expression of conscience pursuant to Article 18(1) of the International Covenant on Civil and Political Rights (hereinafter “Rules”) asserted by the Defendant.