Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

On November 3, 2014, the Defendant did not enter the Army Training Center by the date three days after the date of enlistment without justifiable grounds, such as asserting that the mother of the head of the Daegu North Korean Military Manpower Office’s enlistment notice under the name of "Ihhovah’s Witness" was served through C, on the ground that he was “Ihovah’s Witness” at the office of the Defendant, Busan Metropolitan City B apartment 102 Dong 1307, and 1307, and that “I will be enlisted to the Army Training Center on December 8, 2014.”

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 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, the 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 law and order of the State. As such, 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 guaranteed, 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 as human beings.