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

Punishment of the crime

The suspect is a person who resides in his residence and is unemployed, and is determined to be subject to enlistment in active duty service on December 13, 2013.

On July 15, 2015, in the suspect’s residence on July 25, 2015, the Defendant evaded enlistment in active duty service on the grounds that the believers, who received the notice of enlistment in active duty service as a supplement to 102 from the Army No. 102 on August 25, 2015, cannot perform active duty service according to religious belief as a female and witness.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details of enlistment notice, notification, delivery of call notice, and receipt of written confirmation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant refused enlistment based on his religious belief or conscience as a female witness, and this constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, it does not constitute a violation of the Military Service Act against the Defendant.

The argument is asserted.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that if the national security is not secured because the duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value of the people as human beings.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, so even if the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution, it is a legitimate restriction permitted under the Constitution.

B. In order to secure the fulfillment of the duty of military service, there is a wide range of legislative discretion on whether to impose punishment on the refusal of enlistment in active service, and whether to recognize the alternative service.

As such, freedom of conscience and religion can be seen.