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

Punishment of the crime

On March 25, 2015, the defendant seems to have written indictment on March 25, 2015.

On May 19, 2015, from the defendant's house located in Dongcheon-si B, to the 55 company group located in Seocheon-si, the wife population was served with a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office, and did not enlist in the military without justifiable grounds until May 22, 2015, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written accusation;

1. Military register inquiry;

1. Application of Acts and subordinate statutes concerning the enlistment notice in active duty service;

1. The defendant's argument regarding the defendant's argument regarding criminal facts under Article 88 (1) 1 of the pertinent Article of the Military Service Act is that the defendant refused to enlist in the military according to his religious conscience as the believers of the female and the witness. This argument is based on the freedom of conscience guaranteed under Article 10 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (Free Covenant) and Article 19 of the Constitution, and thus constitutes "justifiable cause" under Article 88 (1) of the Military Service Act.

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner depth, cannot be restricted to what is, and therefore, is subject to absolute protection. On the other hand, the freedom of conscience realization in the stage of externally expressing and realizing conscience, which is a relative freedom, may be restricted by law if it violates legal order itself or conflicts with other constitutional values. As such, one of the duty of national defense as stipulated in Article 39(1) of the Constitution is the most fundamental demand for the existence of a national community, and ultimately, it is aimed at guaranteeing the dignity and value of all citizens as human beings. If the freedom of conscience realization conflicts with the duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution.