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 in active duty service.

On October 24, 2014, the Defendant received a notice of enlistment in active duty service in the name of the head of the Gyeonggi-do Military Manpower Branch Office in the Gyeonggi-do Military Manpower Administration, which was located in the Gyeonggi-do Military Manpower Administration on December 8, 2014.

Nevertheless, without justifiable grounds, the defendant did not enlist in the military for three days from the above enlistment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the written accusation;

1. The “justifiable cause” under Article 88(1) of the Military Service Act, which is a judgment on the assertion of a defendant and his/her defense counsel under Article 88(1) of the pertinent Act on criminal facts, should, in principle, be deemed to be based on the premise that the existence of an abstract duty of military service exists and the confirmation of the performance of the duty itself, but should be based on the premise that the failure to perform the duty specified is not attributable to the

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

However, among the freedom of religious conscience, the freedom of conscience realization by passive omission may conflict with other legal interests in the process of realizing that conscience, and if so, it may inevitably involve restriction. In such a case, the freedom of religious conscience realization by passive omission is restricted, and it is immediately religious.