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

Punishment of the crime

A person who has received a written notice of enlistment in active duty service shall not enlist within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant, at around October 10, 2016, failed to enlist in the army training center located in Pyeongtaek-si apartment B apartment and his own dwelling area located in subparagraph C, for the period of three days from the date of enlistment without justifiable grounds, despite the receipt of a muster notice under the name of the Administrator of the Military Affairs Administration in the Republic of Korea, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si on December 5, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement and notice of enlistment of the accuser;

1. Defendant’s written notice (the duty of military service is ultimately to ensure the dignity and value of all citizens as human beings.

Therefore, the State’s criminal punishment against so-called conscientious objectors in accordance with reasonable legislative discretion cannot be deemed as going against Articles 10, 19, and 37(2) of the Constitution, which unfairly infringes on the freedom of conscience, or violates Article 6(1) of the Constitution and Article 18 of the International Covenant on Civil and Political Rights.

Such conscientious objection does not constitute “justifiable cause” under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2015Do12587, Oct. 29, 2015); the application of statutes

1. As seen earlier, it is inevitable to punish the Defendant as a crime of violating the Military Service Act on criminal facts as stated in the grounds for sentencing under Article 88(1)1 of the pertinent Act.

The sentence of imprisonment with prison labor, which constitutes a reason for exemption from military service, is imposed on the defendant, and the period was set by considering the fact that the defendant was the first offender, the circumstances leading to the crime of this case, the sentencing of the court, etc. (the dwelling of the defendant is specified, and the defendant's family relation, the attitude of leading to the investigation and trial, etc. is not likely to escape from the defendant.