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

Punishment of the crime

The Defendant is a religious organization believers B.

On January 6, 2015, the Defendant: (a) sent a written notice of enlistment in active duty service under the name of the director of the regional military manpower office in Gwangju Southern-gu, Gwangju-gu, to enlist at the Defendant’s office located in Gwangju-gu, as of February 10, 2015, to the 31st unit of the Army located in Chungcheongnam-dong, Gwangju-gu, Gwangju, by registered mail; and (b) failed to enlist without justifiable grounds until February 12, 2015, for which three days

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of the accusation station, notification of enlistment in active duty service, and registered mail inquiry;

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 undue infringement on his constitutional rights, so in this case, there is a justifiable reason to refuse to perform the duty of military service exceptionally to exclude such unconstitutional situation.