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 in active duty service.

On July 4, 2013, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlist in the defendant's house located in Songpa-gu Seoul CFa 302, and around August 20, 2013.

Nevertheless, the enlistment was not conducted without justifiable grounds for three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The Defendant asserts that there exists “justifiable cause” under Article 88(1) of the Military Service Act, since the Defendant, as an son and witness, refused enlistment according to his religious doctrine and conscience, as the son and witness, determined on the Defendant’s argument regarding criminal facts under Article 88(1)1 of the pertinent Act.

Article 88(1) of the Military Service Act is prepared to specify the duty of national defense of the most fundamental citizen, and if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as a human being cannot be guaranteed. Therefore, the duty of military service ultimately is to ensure the dignity and value as a human being of all citizens.

Considering this point, the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests. Accordingly, the freedom of conscience of the Defendant is restricted in accordance with Article 37(2) of the Constitution for the above constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

In addition, in order to secure the performance of military service, punishment is imposed on a person who refuses enlistment or call, and whether to recognize alternative military service is reserved to the legislative discretion, so it violates Article 19 of the Constitution that does not have alternative military service system.