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

Punishment of the crime

The defendant is a person subject to enlistment in active service.

The Defendant, on September 17, 2014, sent a notice of enlistment in active duty service under the name of the director of the regional military manpower office in Gwangju Metropolitan City to enter the 31st group located in Gwangju Metropolitan City from his house of the Defendant, No. C, 104 Dong 304, Oct. 28, 2014, and did not, without justifiable grounds, enlist within three days from the date of enlistment, even if the Defendant’s mother, was sent from D.

Summary of Evidence

1. Defendant's legal statement;

1. A enlistment notice and a list of active duty servicemen;

1. Application of Acts and subordinate statutes, such as a written accusation, a written accusation, and a statement of reasons for challenge of active duty service;

1. As to the Defendant’s assertion on the relevant criminal facts under Article 88(1)1 of the Military Service Act, the Defendant asserts that “The Defendant has refused enlistment according to religious belief and conscience, so there exists “justifiable cause” under Article 88(1) of the Military Service Act, and therefore, punishing the Defendant pursuant to the above provision is unreasonable.”

The justifiable reason under Article 88(1) of the Military Service Act is, in principle, based on the existence of abstract military service and the confirmation of the performance of the duty itself, but it should be deemed that there is only a reason that can justify the non-performance of the duty specified, such as illness, and that there is no reason that can not be responsible

However, even in cases where a person who has refused to perform a specific duty is guaranteed by the Constitution of Korea and furthermore, has superior constitutional value to the function of the legislative purpose of the above provision, if punishment is imposed by applying the above provision, it would result in an undue infringement on his/her constitutional rights. Therefore, it is reasonable to deem that there exists “justifiable cause” to refuse to perform the duty, in order to exclude such unconstitutional situation.

In our Constitution, the national territory defense clause is stipulated.