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

Punishment of the crime

The defendant stated in the facts charged on January 7, 2015 as of January 6, 2015, but it appears to be a clerical error according to the seven pages of the investigation records.

The same year at the defendant's house located in Anyang-si 207 Dong 101

2. On the 5th day of the same month in which three days have passed since the date of enlistment, a notice of enlistment in active duty service was issued under the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlistment in the Army Training Center in the Chungcheongnam-si, Chungcheongnam-si;

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement that is written by an accuser;

1. Application of registered mail (information about notification), military register inquiry, additional enlistment in active duty service, and Acts and subordinate statutes of notification;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts to the effect that, as the believers’ witness, the Defendant refused enlistment according to religious belief and conscience, and the right to conscientious objection is recognized pursuant to Article 18 of the International Covenant on Civil and Political Rights, the Defendant has justifiable grounds for not enlistment.

However, the exercise of fundamental rights under the Constitution should be carried out within the scope that enables people to live a community with others within a community and does not endanger other constitutional values and the legal order of the State. As such, in a case where there is a constitutional legal interest that can justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution, and Article 88(1) of the Military Service Act is established to embody the duty of national defense of the most fundamental citizen, and if the duty of military service is not properly performed and the national security is not ensured, the dignity and value of the people as human beings cannot be guaranteed.