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

Punishment of the crime

Although the Defendant is a person in active duty service and received a written notice of enlistment under the name of the director of the Daejeon-nam Regional Military Manpower Office that “to be enlisted in the Army Training Center located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do,” from November 21, 2014 to December 8, 2014, the Defendant failed to enlist without justifiable grounds by no later than three days after the date of enlistment due to religious belief, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation or a person evading military service;

1. The defendant and his defense counsel's assertion on criminal facts as to the defendant and his defense counsel under Article 88 (1) 1 of the pertinent Act on the Military Service Act are the believers of the B church refusing to enlist in the military according to their religious conscience. This assertion is based on the freedom of conscience, freedom of ideas, freedom of religion, etc. guaranteed under Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (Free Covenant), which constitutes "justifiable cause" under Article 88 (1) of the Military Service Act.

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner depth, cannot be restricted to what is, and thus, is subject to absolute protection. On the other hand, the freedom of conscience realization in the stage where the formation of conscience externally expressed and realized is a relative freedom and may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. As such, the freedom of conscience realization in the stage where the formation of conscience externally expressed and realized is a relative freedom, and the duty of military service, which is one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is ultimately the most fundamental requirement for the existence of a national community, and ultimately guarantees the dignity and value of all citizens as human beings. Thus, if the freedom of conscience realization conflicts with the duty of military service, it may be restricted by law pursuant to Article 37