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 active duty service.

On September 15, 2015, the Defendant, at the office of the Defendant located in Nam-gu, Nam-gu, Sinpo-si, on October 19, 2015, failed to enlist without justifiable grounds until October 22, 2015, when he received a notice of enlistment under the name of the head of the Military Affairs Administration in the name of the defendant, his mother, to enlist in the Marine Corps Education Corps located in 70, Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Y-gu, Y-gu, Y-gu, and three days after the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the name card of persons evading military service, written accusation, written notice of enlistment in full-time reserve service, and inquire into domestic registered parcels by mail;

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 that he was a witness in the line of conscience, and refused to enlist in active duty service according to a religious conscience. Since such right to refuse military service is guaranteed pursuant to Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37, Paragraph 2 of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not properly fulfilled and the national security is not fulfilled, it shall be dignity and dignity as a human being.