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

Punishment of the crime

On November 8, 2013, the Defendant received the written enlistment notice under the name of the director of the Daegu-do regional military manpower office to the effect that he should enlist within three days from the date of enlistment, but on December 10, 2013, the Defendant failed to enlist within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the written accusation, written statement of accusers, mail inquiries, and statutes;

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

1. The gist of the assertion is that the Defendant, as the believers of a religious organization, refused enlistment according to a religious conscience and belongs to the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution. This constitutes a “justifiable cause” under Article 88(1) of the Military Service Act and does not constitute a crime.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, the reason why the nonperformance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, is not attributable to the person who failed to perform the military service. However, even in a case where the right of refusal to perform the specific military service is guaranteed by the Constitution of the Republic of Korea, and the above right has superior constitutional value to the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88(1) of the Military Service Act, it would result in undue infringement of his constitutional right, and thus, this case is exceptionally applied to the exclusion of unconstitutional circumstances.