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 as a new witness with care.

The Defendant, at around July 21, 2014, was issued a notice of enlistment in active duty service under the name of the director of the regional military manpower office of the Chungcheongbuk-si to enlistment in the Army Training Center located in Seosan-si as of September 15, 2014 from the Defendant’s house located in Seocheon-si B, 102 Dong 105 (C apartment), and did not enlist until September 18, 2014, for which three days have passed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes for filing an accusation, written notice of enlistment in active duty service, and domestic registration inquiries;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that punishing a conscientious objector based on conscience as a crime of evading enlistment under Article 88(1) of the Military Service Act is contrary to Article 18 of the International Covenant on Civil and Political Rights (hereinafter “Rules”) and infringes on the freedom of conscience under Article 19 of the Constitution. As such, conscientious objection based on a religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act and thus, cannot be punishable.

“Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of the performance thereof. However, it should be deemed that there is a reason why the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc. can be justified, i.e., that is, a reason not attributable to the person who has failed to perform the duty of military service. However, even in a case where a person who has refused to perform the duty of military service is guaranteed by the Constitution of the Republic of Korea, and the right is recognized as having superior constitutional value to the legislative purpose of the above provision, if punished by the application of Article 88(1) of the Military Service Act,