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

Punishment of the crime

The defendant is a new witness, a witness, and a person subject to enlistment in active duty service.

Although the Defendant received a written notice of enlistment in the name of the Gyeonggi-do Military Manpower Branch Office in the name of the Defendant’s head of the Gyeonggi-do Military Manpower Branch Office, No. 2, 7, 104 around February 23, 2015 to March 24, 2015, from the Defendant’s head of the Gyeonggi-do Military Manpower Branch Office, to be enlisted in the third group on March 24, 2015, the Defendant failed to enlist

Summary of Evidence

1. Partial statement of the defendant (the purport that he did not enlist in the military by religious doctrine);

1. A written accusation;

1. Application of Acts and subordinate statutes to a written accusation, mail inquiry, and written notification;

1. The “justifiable cause” under Article 88(1) of the Military Service Act as to the Defendant’s assertion on criminal facts under Article 88(1) of the pertinent Act should, in principle, be deemed to be based on the premise that the existence of abstract military service and the existence of the performance of the duty itself, but, in other words, a cause that could justify the nonperformance of the duty specified as such, is not attributable to the nonperformance of the duty, such as illness

However, even in cases where a person who has refused to perform a specific duty is guaranteed by the Constitution of Korea and the right has superior constitutional value to the function of the legislative purpose of the above provision, if punished by applying the above provision, it would result in undue infringement on his/her constitutional rights. Thus, it is reasonable to deem that there exists "justifiable cause" to refuse to perform the duty exceptionally to exclude such unconstitutional situation.

However, among the freedom of religious conscience, the freedom of conscience realization by passive omission may conflict with other legal interests in the process of realizing that conscience, and when it comes to this, it may inevitably involve restriction. In such cases, it is a passive omission.