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

Punishment of the crime

On August 17, 2015, the Defendant received a notice of enlistment from the head of the Seoul Regional Military Affairs Administration to enlistment as a Army Training Center located within the territory of the Guro-gu Seoul District Office on September 21, 2015, which was the Defendant’s residence, on August 17, 2015, and on September 21, 2015, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of statutes to a written accusation, written accusation, written notice of enlistment in active duty service, and notification sent to the Military Manpower Administration;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that he refused enlistment in active duty service according to religious conscience as a female witness church believers, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and if the duty of military service is not fulfilled properly and the national security is not performed, it cannot be guaranteed 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 it is difficult to view that the freedom of conscience of a defendant is a superior value to the above constitutional legal interests. Thus, even if the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests, it is a legitimate restriction permitted under the Constitution.

B. In order to secure the fulfillment of the duty of military service, there is a wide range of legislative discretion on whether to impose punishment on the refusal of enlistment in active service, and whether to recognize the alternative service.

Therefore, there is a special exception that can substitute enlistment for those who refuse enlistment on active duty on the grounds of conscience and religious freedom.