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

Punishment of the crime

On October 28, 2013, the Defendant stated in the facts charged by the director of the Incheon Gyeonggi Military Manpower Office that he must enlist in the Defendant’s residence located in B, 501 Dong 1208 (C apartment) on December 17, 2013 at the 306 subsidiary city of the Government-si on December 17, 2013 as the facts charged, but the person who served the notice of imposition of military service is the director of the regional military manpower office (Article 6(1) of the Military Service Act). However, in the instant case, the Defendant served the notice of enlistment in the active service in the name of the director of the Incheon Military Manpower Office (Article 6(1) of the Military Service Act).

Even upon receipt of a written notice of enlistment in active duty service in the name, the person did not enlist on the 20th of the same month in which three days elapsed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A domestic registration mail protocol;

1. Application of Acts and subordinate statutes to military register inquiry, list of persons to be enlisted in active service, and list of persons not enlisted for conscription;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts that, as the believers of religious organizations, the Defendant refused to enlist according to religious belief and conscience, and the right to conscientious objection is recognized pursuant to Article 18 of the International Covenant on Citizen 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 exists a constitutional legal interest to 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 the most fundamental citizen’s duty of national defense.