Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The Defendant is a new witness to women in nursing and is a person subject to enlistment in active duty service.

Although the Defendant directly received a written notice of enlistment in active duty service under the name of the head of Cheongcheon-si, Cheongju-si, Cheongju-si, 102 Dong 1001 from November 3, 2015 to November 14:00 in Gangwon-do, to enlist in active duty service, the Defendant failed to enlist for more than three days from the date of the enlistment without justifiable grounds, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. A list of those subject to notification of enlistment in active duty service and enlistment;

1. Application of statutes governing enlistment in active duty service;

1. Determination on justifiable grounds under Article 88(1)1 of the relevant Act concerning criminal facts

1. The gist of the assertion is that the Defendant, as a believers witness, refused to enlist in active duty service according to a religious conscience, and such conscientious objection is guaranteed pursuant to Article 18 of the International Covenant on Freedom of conscience and Civil and Political Rights under the Constitution, and thus, constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, the reason that can justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., disease, etc., should be deemed to be limited to the reason that is not attributable to the person who committed the

However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further, the right has superior constitutional value to the function of the legislative purpose of the legal provision of this case.

Even if it is recognized, if it is punished by applying the legal provisions of this case, his constitutional right.