Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The Defendant, as a religious believers, is a person subject to enlistment in active service.

On June 9, 2017, the Defendant directly received a notice of full-time enlistment in reserve service in the name of the head of the Military Affairs Administration in the name of the head of the Chungcheongnam-do Military Affairs Administration, to enlist in the military at the residence of the Defendant of the Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Da, up to August 1, 2017, in accordance with the 37 association new illness training.

Nevertheless, the defendant did not enlist in the military without justifiable grounds until August 4, 2017, three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation filed against E;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the enlistment notice, the enlistment notice, the enlistment notice of full-time reserve service, and the application of the statutes governing delivery progress (Article 88(1)1 of the Military Service Act). The gist of the claim is not only that the Defendant refuses enlistment according to a religious conscience, but also that conscientious objection is guaranteed pursuant to Article 18 of the “Rules on Freedom of conscience and Civil and Political Rights” under the Constitution, but also that can be derived from the generally accepted international laws and regulations.

Therefore, the Defendant’s refusal of military service constitutes “a violation of the Military Service Act” under Article 88(1) of the Military Service Act, and thus, the Defendant breached the same.

shall not be deemed to exist.

2. “Justifiable cause” under Article 88(1) of the former Military Service Act should, in principle, be deemed as a cause that is not attributable to a person who committed an act of nonperformance, such as disease, etc., on the premise that the existence of an abstract duty of military service and the recognition of the performance of the duty itself, but that is, a reason that may justify the nonperformance of the duty specified.

However, there is a superior constitutional value that a person who has refused to fulfill a specific obligation is guaranteed by the Constitution of the Republic of Korea and further has superior constitutional value that functions as a legislative purpose of the above legal provision.

88,000.