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

Criminal facts

A person who has received a notice of enlistment in active service or call-up shall enlist or respond to the call-up within three days from the date of enlistment or call-up.

Nevertheless, on June 22, 2015, the defendant's house located in Jung-gu, Daejeon Metropolitan City B, in the same year.

8. Until March 1, 200, to the Army Training Center located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Daejeon, he received a written notice of enlistment under the name of the director of the regional military manpower office of the Daejeon-nam regional military manpower office, but failed to enlist within three

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge, a written accusation, a written accusation, a written notice of enlistment in active duty service, information on registration delivery, a written statement, or a copy thereof;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The gist of the assertion is that the Defendant refused to enlist in the military according to one’s conscience based on a religious belief as a believers. Such conscientious objection constitutes “justifiable cause” as prescribed by Article 18 of the International Covenant on Civil and Political Rights and Article 88(1) of the Military Service Act, based on the freedom of conscience guaranteed by Article 19 of the Constitution.

2. Determination

A. “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 an abstract military service and the confirmation of the performance of the duty itself. However, the reason that justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be limited to a reason that is not attributable to the non

B. However, even if a person who refused to perform the specific duty of military service is recognized as having superior constitutional value to the function of the legislative purpose of the above provision, the Military Service Act is also guaranteed by the Constitution of the Republic of Korea.