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 shall enlist without justifiable grounds within three days from the date of enlistment.

Nevertheless, the Defendant received a notice of enlistment in active duty service at the convenience store in front of the Defendant’s residence, which was located in the front of the Defendant’s residence, on December 6, 2013, and on December 23, 2013, to the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and without good cause, failed to enlist until December 26, 2013, which was three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of accuser C;

1. A written accusation;

1. Notification of persons subject to separate enlistment in active duty service;

1. Application of Acts and subordinate statutes of registered mail inquiry;

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 argument is that the Defendant refused to enlist in the military according to the concept of “pacifism” and “competitism”, which is guaranteed by the Constitution, and constitutes a “justifiable cause” under Article 88(1) of the Military Service Act and does not constitute a crime.

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, such as illness, is not attributable to the person who failed to perform the military service, i.e., disease, etc., shall be deemed to be limited to the reason that the non-performance of the military service is not attributable to the non-performance of the military service. However, even in a case where the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the above right has superior constitutional value to the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88(1) of the Military Service Act