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 and a witness in the military.

No person who has received a notice of enlistment in active duty service shall be enlisted unless he/she fails to enlist within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant, at around 09:32 on October 21, 2014, received a notice of enlistment in active service under the name of the director of the Daegu regional military manpower office to enlistment in the Army Group 50 located in the Asia-gu, Daegu-si on December 16, 2014 at the Defendant’s residence located in the Gu, Si B, 105 Dong 301, 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 accusation;

1. Application of the Acts and subordinate statutes to photograph the receipt of the enlistment notice;

1. The defendant's argument regarding the defendant's assertion regarding criminal facts under Article 88 (1) 1 of the pertinent Article of the Military Service Act is that the defendant refused to enlist in the military according to his religious conscience as the believers of the female and a witness. This assertion is based on the freedom of conscience, freedom of ideas, freedom of religion, etc. guaranteed under Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (Free Covenant), which constitutes "justifiable cause" under Article 88 (1) of the Military Service Act.

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner depth, cannot be restricted to what is the subject of absolute protection. On the other hand, the freedom of conscience realization in the stage where the externally expressed and realized conscience is a relative freedom and may be restricted by law if it violates legal order itself or conflicts with other constitutional values. As such, the duty of military service, one of the citizens' duty of national defense, as stipulated in Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a national community, ultimately guaranteeing the dignity and value of all citizens as human beings.