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

Criminal facts

The defendant, who is a person subject to enlistment in active service on April 24, 2014 and is at the office of the defendant, located in Songpa-gu Seoul Metropolitan Government C and 401, the same year.

6. Despite the receipt of a written notice of enlistment in active service under the name of the director of the Seoul Regional Military Manpower Office to enlistment by October 102, he did not enlist in the military for more than 3 days from the date of the above enlistment on the ground that he goes against his religious belief as a witness in the military.

Accordingly, the defendant, who received a written notice of enlistment in active duty service, did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing an accusation, a written accusation, a copy of the written notice, mail inquiry, and enlistment in active duty service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent statutory provisions on the Military Service Act, the Defendant refused to enlist in active duty service according to his religious conscience as a religious believers, a female witness, and the refusal of military service based on a religious conscience is a right to guarantee the freedom of conscience under Article 18 of the International Covenant on Civil and Political Rights (BRules) and Article 19 of the Constitution. Thus, the Defendant asserts to the effect that there exists “justifiable cause” under Article 88(1) of the Military Service Act and that the Defendant is innocent.

However, with respect to conscientious objection, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). As to conscientious objectors according to religious conscience, the freedom of conscience under the Constitution and the right to be exempt from the application of the above provisions of the Military Service Act, which is a relative freedom that may be restricted from the exercise of fundamental rights pursuant to Article 37(2) of the Constitution, and the right to be exempt from the application of the said provisions, which is the “international Covenant on