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

Punishment of the crime

The Defendant is a person liable for military service who was judged to be subject to Grade I active duty service around July 13, 201.

On April 15, 2014, the Defendant received an active duty entry notice from the Defendant’s house located in Daegu-gu Dong-gu B building 502 to June 3, 2014, demanding enlistment in the 306 supplementary military service.

Nevertheless, the Defendant, without justifiable grounds, failed to enlist until June 6, 2014, on the ground that he was a female witness with good faith.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation, written accusation, written statement of a person who has evaded the military service, a copy of the enlistment notice in active duty service, and a copy of the domestic registration inquiry;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant’s act of refusing enlistment according to a strong religious conscience constitutes a right to guarantee the freedom of conscience under Article 18 of the International Covenant and Article 19 of the Constitution, and that the act constitutes justifiable cause under Article 88(1) of the Military Service Act.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and if national security is not achieved because such duty of military service is not fulfilled properly, it is not possible to guarantee the dignity and value as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the defendant's freedom of conscience is more superior to the above constitutional legal interests.

As a result, for the above constitutional legal interests, the freedom of conscience of a defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Even if the Defendant’s act is based on religious conscience, the Military Service Act is applicable.