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

Punishment of the crime

The Defendant is “B religious organization” and is subject to enlistment in active duty service.

Although the Defendant received a written notice of enlistment in active duty service under the name of the head of the Incheon Military Branch Office located in the territory of 36 association located in Gangwon-do, around September 28, 2016, the Defendant failed to enlist until November 4, 2016, on the ground that he was a “B religious organization” and on the ground that he was a “B religious organization”, the Defendant did not enlist until November 4, 2016, which was three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Notice of enlistment in active service;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. The Defendant alleged as “B religious organization” and refused to perform military service according to religious conscience, which constitutes “justifiable cause” that does not enlist under Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of the performance itself. However, the reason that can justify the nonperformance of the military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., disease, etc., is not attributable to the person who committed the non-performance of the military service.

However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further, the right has superior constitutional value to the function of the legislative purpose of the legal provision of this case.

Even if it is recognized, the application of the legal provision of this case would result in an undue infringement of his constitutional rights. In this case, the duty of military service shall be performed exceptionally to exclude this unconstitutional situation.