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

Punishment of the crime

No person who has received a notice of enlistment in active duty service or of a call-up shall be allowed to refuse to enlist in the military or to respond to a call even after three days from the date of entering the military register or call-up without justifiable grounds.

Nevertheless, even though the Defendant received a written notice of enlistment in the name of the head of the Military Affairs Administration in the name of the head of the North Korean regional military affairs office on December 15, 2015 and received a written notice of enlistment in the military service in the name of the head of the regional military affairs office on December 18, 2015, the Defendant did not enlist until December 18, 2015, for which three days have passed since the date of enlistment without justifiable grounds.

Accordingly, the defendant, who received a written notice of enlistment in active duty service, did not enlist within three days from the date of entry without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of the statutes governing the progress of delivery;

1. Determination as to the issue of Article 88(1)1 of the pertinent Act on criminal facts

1. The gist of the Defendant’s assertion is that the Defendant refused to enlist in active duty service as a religious believers who is a female and female witness, but this constitutes “a justifiable cause” under Article 88(1) of the Military Service Act, which is acknowledged by a religious conscience guaranteed by the Constitution.

2. Article 19 of the Constitution provides that “All citizens shall enjoy the freedom of conscience.”

Of the freedom of conscience under the Constitution, the freedom of conscience formation, which remains in the inner trial, cannot be restricted to what is, and thus, subject to absolute protection. However, the freedom of conscience realization in the stage of externally expressed and realized may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values as a relative freedom. However, the duty of military service, which is one of the citizen’s duty of national defense under Article 39(1) of the Constitution, ultimately requires the most fundamental foundation for the existence of a nation’s community.