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

Punishment of the crime

The defendant is a witness with the care and good faith and is a person subject to call-up of social service personnel.

On January 12, 2016, the Defendant: (a) at the Defendant’s residence located in Yongsan-si B apartment No. 607dong 804 on January 12, 2016, the “be enlisted in the Army Training Center located in Geumsan-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do by February 18, 2016; and (b) did not comply with the call without justifiable grounds, even though he received a notice of convening a social service personnel under the name of the head of the Military Affairs Administration of the Gyeong-si, the Defendant did not respond to the call within three days from the date of the said event.

Summary of Evidence

1. Statement by the defendant in court;

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

1. As to the Defendant’s assertion on criminal facts under Article 88(1)2 of the pertinent Article of the Military Service Act, the Defendant asserts that the Defendant’s refusal to call a religious conscience as a female witness, and that such refusal to call a military service constitutes justifiable cause under Article 88(1) of the Military Service Act, since the right to refuse to call a military service is guaranteed by the rules of freedom and the Constitution.

Military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and national security should be more serious than any value in the situation where two Koreas stand across, and as such, the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests and national security. Therefore, conscientious objection based on the Defendant’s religious conscience cannot be deemed as justifiable grounds.

Therefore, the defendant's assertion is not accepted.

In this case, the reason for sentencing is that conscience as a judge and conscience as an individual conflict with each other, it is not necessary to repeat the consideration of concern.

Personally, I agree with the introduction of the alternative service system, but our security situation due to the inter-Korean confrontationistic situation will comply with the current law as a judge who is not an individual before all complementary devices due to the introduction of the alternative service system are prepared.