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

Punishment of the crime

As a person liable for military service subject to enlistment in active duty service, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Daegu-do regional military manpower office to enlist in the 306 Supplementary Military Manpower Office, which was located in the 416-lane from the Defendant’s office located in Daegu North-gu B and 101 around July 19, 2014 to the 306 Supplementary Military Service, from the Government-Si, on August 19, 2014, and did not enlist without justifiable grounds until three days pass from the date

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of a written accusation, enlistment notice in active duty service, and parcel-related Acts and subordinate statutes;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant’s act of refusing enlistment according to a strong religious conscience constitutes a right to guarantee the freedom of conscience under Article 18 of the International Covenant and Article 19 of the Constitution, and that the act constitutes justifiable cause under Article 88(1) of the Military Service Act.

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 if national security is not achieved because such duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's freedom of conscience is more superior to the above constitutional legal interests.

As a result, for the above constitutional legal interests, the freedom of conscience of a defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Even if the Defendant’s act is based on religious conscience, it constitutes “justifiable cause” under Article 88(1) of the Military Service Act.