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

Punishment of the crime

A person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

On October 6, 2016, the Defendant, a person subject to enlistment in active duty service, was issued a notice of enlistment under the name of the head of the Busan Regional Military Manpower Administration to enlist in the Army Training Center in the name of the head of the Busan Regional Military Manpower Administration on October 31, 2016, at around 11:00, Ulsan-dong B 102 Dong Dong-dong, Ulsan-si, 1002, and 1002, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation;

1. As to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008HunGa22, Aug. 30, 201). conscientious objection based on conscience does not constitute “justifiable cause” as provided for the exception of punishment under the foregoing provision. From the provision of Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a member, the right to be exempted from the application of the above provision is not derived, and even if the United Nations Commission on the Freedom of Freedom proposed recommendations, this does not have any legal binding force (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do8187, Nov. 29, 2007).