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

Punishment of the crime

The defendant was subject to enlistment in active duty service, and the defendant's house located in B on October 17, 2014 from the defendant's house located in B on November 18, 2014 to the death group on November 31, 2014, and the defendant did not, without justifiable grounds, enlist until November 21, 2014 after three days from the date of enlistment, although he received a notice of enlistment in the name of the director general of the regional military manpower office in Gwangju-si and the Namnam regional military manpower office.

Summary of Evidence

1. The defendant's partial statement in court (the statement to the effect that he did not enlist on the grounds of freedom of conscience after having received the enlistment notice);

1. Statement of the person evading enlistment in active duty service, accusation, or accuser;

1. A statement of the reason for evasion of enlistment in active service;

1. A list of notification of enlistment in active service;

1. Notices of notification;

1. Application of Acts and subordinate statutes to fact-finding certificates (ro C, etc.);

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant, as a female witness and a new witness, refused to enlist in the army according to his religious conscience. This is a right belonging to the freedom of conscience guaranteed by the Constitution, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act and thus does not constitute an offense.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, the reason why the nonperformance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, etc. can be justified, i.e., that is, a cause not attributable to a person who failed to perform the military service, such as illness. However, even if a person who refused to perform the specific military service is recognized as having superior constitutional value to the legislative purpose of Article 88(1) of the Military Service Act, if he is punished by the application of Article 88(1) of the same Act, it would result in undue infringement of his constitutional rights, and thus, such unconstitutional situation is excluded.