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

Punishment of the crime

On October 3, 2015, the Defendant directly received the notice of enlistment in active duty service under the name of the head of the Military Affairs Administration in the name of the Defendant, who notified that he will be enlisted as an association located in Chungcheongbuk-do, from October 1, 2015 to December 14:00, at the Defendant’s residence located in Cheongju-si apartment B apartment house C, and from December 1, 2015 to December 1, 2015.

Nevertheless, the defendant did not enlist without justifiable grounds on the ground that he was conscientious objection until December 4, 2015 after three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The filing of an accusation, a written statement of accusers, a notice of enlistment in active duty service, confirmation of consent to receive e-mail, military register inquiries, and application of Acts and subordinate statutes to confirm facts;

1. The Defendant asserts that his refusal to enlist in active duty service constitutes a right derived from the freedom of conscience guaranteed under Article 18 of the International Covenant on Civil and Political Rights, which is based on the guarantee of Article 18 of the Constitution, on the grounds that the Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, is a “E religious organization” and refuses enlistment according to that conscience formed based on a religious belief. Such conscientious objection is derived from the freedom of conscience under Article 19 of the Constitution, the freedom of conscience under Article 20, and the “International Covenant on Civil and Political Rights” to which the Republic of Korea is a member. Thus, the Defendant’s refusal to enlist in active duty service constitutes “justifiable cause” as stipulated under the exception

“Justifiable cause” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of an abstract duty of military service and the confirmation of the performance of the duty of military service itself. However, it is limited to the reason why the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc. can be justified, i.e., a disease,

However, the right of a person who has refused to perform the specific duty of military service is in accordance with the Korean Constitution.