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

Punishment of the crime

Although the Defendant, as a person subject to enlistment in active duty service on September 11, 2013, received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-gu, Gangwon-do, that “to be enlisted in the 102 supplemental military unit from October 29, 2013 to October 14:00” from the Defendant’s office located in Nam-gu, Nam-gu, Gwangju-gu, Gwangju-gu, the Defendant refused to enlist until now on the ground that he should not be enlisted in the doctrine of “C religious organization he believed,” and the Defendant did not immediately enlist until October 31, 2013 at the expiration of three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation filed against D;

1. The Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act on the Military Service Act, as a religious believers of C religious organizations, refused to enlist in active duty service according to a religious conscience. The Defendant asserts to the effect that, pursuant to Article 6(1) of the Constitution of the Republic of Korea, the refusal of the duty of military service based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act and Article 19 of the Constitution, which has the same effect as that of the Republic of Korea, is guaranteed by Article 18(1) of the International Covenant on Civil and Political Rights (hereinafter “International Covenant”) and Article 6(1) of the Constitution.

Article 18(1) of the above International Covenant provides that “any person shall enjoy the freedom of thought, conscience, and religion.” This right includes freedom to hold or accept a religion or belief that he or she may choose, either solely or jointly with another person, and freedom to express his religion or belief by worship, ceremony, event, or missionary work.” However, a conscientious objectors shall be punished as a violation of Article 88(1) of the Military Service Act without granting exemption from military service or an opportunity to alternative military service.