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

Punishment of the crime

on February 21, 2013, at the house of the defendant in Chuncheon-si C Apartment 102 Dong 904, the same year

4. 2. He received a written notice of enlistment in the name of the director of the regional military manpower office in the name of the Gangwon-si Military Manpower Office to enlist in the 102 Supplementary zone located in the new Si/Scheon-si, Chuncheon, but did not enlist in the army on the fifth day of the same month

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Written accusation under the name of the director of the regional military manpower office;

1. Application of statutes that notify the enlistment in active duty service during April 2013;

1. Determination as to the assertion of the accused and the defense counsel under Article 88(1)1 of the pertinent Act and Article 88(1)1 of the Military Service Act regarding criminal facts

1. The defendant asserts that the enlistment is denied on the basis of the freedom of conscience as stipulated in Article 18 of the Covenant and Article 19 of the Constitution, and that the defendant does not constitute a justifiable cause under Article 8(1) of the Military Service Act.

2. The "justifiable cause" 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 an abstract military service and the confirmation of the performance of the duty itself. However, it shall be deemed that the reason that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, is limited to a cause not attributable to the non-performance of the duty of military service. On the other hand, on the other hand, the right of the non-performance of the duty of military service is guaranteed by the Constitution of Korea. Furthermore, even if the right of the non-performance of the specific duty of military service is recognized as having superior constitutional value to the legislative purpose of Article 88(1) of the Military Service Act, if the punishment is imposed by the application of Article 88(1) of the same Act,