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

Punishment of the crime

The Defendant is a person subject to enlistment in active duty service. On May 31, 2017, the Defendant received a notice of enlistment in active duty service under the name of the head of the Gyeonggi-do North Korean Branch of Unauthorized Military Service to enlistment in the 12 association volunteer training unit located in the 14:00 on June 26, 2017 from Namyang-si, Namyang-si, to the 12 association volunteer training unit located in the North Korean branch of Gangwon-do, Gangwon-do, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the Acts and subordinate statutes in which the written accusation, written accusation, written notice of enlistment in active duty service, written notice of notice of enlistment in active duty service, the progress of registration delivery, and copies

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. According to Article 19 of the Constitution guaranteeing the freedom of conscience of the Defendant and Article 18(1) of the International Covenant on Civil and Political Rights (Convention No. 1007, Jul. 10, 1990, which entered into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”), the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is recognized that the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the same Act.

Therefore, there was a justifiable reason that the defendant did not enlist in the military, and there was no intention to evade enlistment.

2. The meaning of “justifiable cause” under Article 88(1) of the Military Service Act

A. Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is a legal provision enacted in order to suppress evasion of enlistment and enforce the formation of military force, which is a national security, by punishing a person who fails to comply with an enlistment or a call notice, even after having received an abstract confirmation by the decision of the head of the Military Affairs Administration, etc. of the military service under the provisions of the Military Service Act.