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

Punishment of the crime

The Defendant, as a person subject to enlistment in active duty service on October 1, 2015, received a notice of full-time enlistment in active duty service from the Defendant’s house located in the Jeju-si, e-mail on November 9, 2015, to enlistment as the Army Training Center located in the Seo-si, Seosan-si on November 9, 2015, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement by which C is accused;

1. A written accusation;

1. Application of Acts and subordinate statutes to challenge enlistment in active duty service, a list of those who have notified enlistment in active duty service, a written confirmation of acceptance of a written consent, a written confirmation of E-Mail enlistment, a written notification sent to the Military Manpower Administration;

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 as “D religious organization” refused to enlist in the army according to religious conscience, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The duty of military service, one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is ultimately required to ensure the dignity and value of all citizens as human beings. Thus, when the freedom of conscience realization conflicts with such duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is a legitimate restriction permitted under the Constitution (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2002Hun-Ga, Aug. 26, 2004; Supreme Court Decision 2007Do3795, Jul. 12, 2007; Supreme Court Decision 2007Do8881, Jul. 2, 2007; Supreme Court Decision 2007Do2797, Jul. 27, 2007).