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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, as a person to be enlisted in active service, received, around December 1, 2012, a notice of enlistment in active service by the director of the regional military manpower office in Gwangju-nam District Military Manpower Office to enlistment at the office of the Defendant of Bosung-gun, Chungcheongnam-gun on January 29, 2013, by e-mail, but failed to enlist within three days from the date of enlistment without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of enlistment in active service;
1. Application of Acts and subordinate statutes on the annual list of full-time enlistment persons;
1. The defendant and his defense counsel’s assertion on criminal facts as to the defendant and his defense counsel under Article 88(1)1 of the pertinent Act, but the defendant asserts that the defendant’s refusal to enlist in the military as stated in its reasoning constitutes “justifiable cause” under Article 88(1) of the Military Service Act, which is the doctrine of “D religious organization” and conscientious objection based on one’s conscience and conscience.
"Justifiable reason" under Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the acknowledgement of its performance. However, it should be deemed that there is a justifiable reason to refuse the performance of military service, such as illness, etc., in order to justify the non-performance of military service, which is specified by the decision of the Commissioner of the Military Manpower Administration, provided that, on the other hand, the right of a person who refuses to perform specific military service is guaranteed by the Constitution of the Republic of Korea, and the right of a person who refuses to perform the duty of military service is recognized as having superior constitutional value to the legislative purpose of the above Article 88 (1) of the Military Service Act, even if the punishment is imposed by the application of Article 88 (1) of the same Act, it would result in an undue infringement of his constitutional right. In this case,
On the other hand, Article 88(1) of the Military Service Act is the most important.