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

Punishment of the crime

The defendant is a new witness witness to be enlisted in active duty service.

On October 8, 2014, the Defendant received a notice of enlistment in the active duty service under the name of the director of the Daejeon District Military Manpower Office, that he will enlist at the Defendant’s house of Seo-gu, Seo-gu, Gwangju, 106 Dong 410, and on November 18, 2014 in the 102 Supplementary Zone located in Gangwon-do.

Nevertheless, the Defendant did not enlist without justifiable grounds until November 21, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the accusation station, enlistment notice in active duty service, and parcel post office service;

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant’s refusal to enlist in active duty service according to his religious conscience belongs to the freedom of conscience guaranteed by the Constitution. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act and does not constitute an offense.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, it should be deemed that there is a reason that justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, or any other reason that is not attributable to the non

However, even in cases where a person who has refused to perform a specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and furthermore, even in cases where the right has superior constitutional value to the function of the legislative purpose of the legal provision of this case, if punished by the application of the legal provision of this case, it would result in an undue infringement on his constitutional rights. Therefore, in this case, he refuses to perform the duty of military service exceptionally to exclude such unconstitutional situation.