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

Punishment of the crime

The defendant, as a new religious organization B, is a person subject to enlistment in active duty service. On August 12, 2013, the defendant served to the defendant's office located in Kimcheon-si, Kimcheon-si, 104 Dong 504 (D apartment), on October 1, 2013, the defendant did not, without justifiable grounds, enlist in the military service under the name of the defendant's mother E, even though he received a notice of enlistment in active duty service in the name of the 50 military unit located in the 50 military unit located in Daegu-gu, Daegu-si, Daegu-si., the military manpower office

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the accuser;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to enlistment in active duty service, and inquiries into parcel parcels;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant did not enlistment in active service according to his religious conscience, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, among the freedom of conscience under the Constitution, Article 19 of the Constitution provides that "all citizens shall enjoy the freedom of conscience." Among the freedom of conscience under the Constitution, the freedom of conscience formation, which remains in the inner mind, may not be restricted to what is, and thus, may be absolutely protected. On the other hand, the freedom of conscience realization in the stage where the formation of conscience externally expressed and realized is relative freedom and may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. The duty of military service, which is one of the citizen's duty of national defense under Article 39 (1) of the Constitution, ultimately is to guarantee the dignity and value of all citizens as a human being, and ultimately, if the freedom of conscience realization conflicts with that of military service, it may be restricted by law pursuant to Article 37 (2) of the Constitution, which is legitimate permitted under the Constitution.