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

Punishment of the crime

The defendant is a female witness and a new witness to be enlisted for active duty service.

Although the Defendant received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlist in the supplemental military service around July 4, 2014, the Defendant failed to enlist within three days from the date of enlistment, without justifiable grounds, in the name of the director of the Incheon Gyeonggi Military Manpower Office, which was to be enlisted in the supplemental military service around July 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to accusation, notification of enlistment in active duty service, and military register inquiry;

1. The defendant's assertion on criminal facts under Article 88 (1) 1 of the pertinent Act on the Military Service Act rejected enlistment according to his religious conscience. The defendant asserts that this constitutes "justifiable cause" under Article 88 (1) of the Military Service Act, since he is based on the freedom of conscience guaranteed by Article 19 of the Constitution.

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner depth, cannot be restricted to what is, and thus, is subject to absolute protection. On the other hand, the freedom of conscience realization in the stage of externally expressing and realizing conscience formed as such may be restricted by law if it violates legal order itself or conflicts with other constitutional values. As such, the freedom of conscience realization, which is one of the citizens’ duty of national defense as stipulated in Article 39(1) of the Constitution, is the most fundamental demand for the existence of a national community, and ultimately guarantees the dignity and value of all citizens as human beings. Thus, if the freedom of conscience realization conflicts with the duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is a legitimate restriction permitted under the Constitution.

(See Supreme Court Decision 2007Do3795, Jul. 12, 2007). Moreover, “justifiable cause” under Article 88(1) of the Military Service Act.