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

Punishment of the crime

The defendant shall enlist in the military within three days from the date of enlistment in the military, who was judged to be subject to Grade I active duty service on November 1, 2015, and a person who has received a notice of enlistment in the military shall enlist in the military, except in extenuating circumstances.

Nevertheless, on July 18, 2016, the Defendant evaded the enlistment of active duty servicemen under the name of the head of the Military Affairs Administration in the Daegu-si District Office, Daegu-si Office to enlistment in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si on August 29, 2016 in the Defendant’s residence located in the Gu-si B apartment C apartment site B, by failing to enlist without justifiable grounds even though he received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on the written accusation and written accusation, name cards of persons evading military service, notification of enlistment in active duty service, list of waiting persons, details of service of written notice of enlistment, accusation against those who evade military service, application of statutes on the list of those who evade military service;

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

1. The gist of the assertion is that the Defendant refused enlistment based on his religious belief or conscience as E, which constitutes “justifiable cause” to refuse enlistment under Article 88(1) of the Military Service Act.

2. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the acknowledgement of its performance. However, it should be deemed that the reason that justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc., such as illness, that is, that is, a reason that the nonperformance of the duty of military service cannot be attributable to the person who committed the duty of military service (see Supreme Court Decision 2003Do5365, Dec. 26, 2003, etc.). However, a person who refused the performance of a specific duty of military service is guaranteed by the Constitution of Korea, and further, has superior constitutional value that enables the legislative purpose of Article 88(1) of the Military Service Act.

88,000.