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

Punishment of the crime

Although the Defendant, as a person subject to enlistment in active duty service on September 1, 2013, received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-gu, Gwangju-gu, 108 Dong 304 from October 29, 2013 to enlistment in the 102 supplementary military service as of October 29, 2013, the Defendant failed to enlist without justifiable grounds until October 31, 2013, which is within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The defendant asserts that the defendant's assertion of the defendant and his defense counsel regarding criminal facts under Article 88 (1) 1 of the pertinent Act is justifiable in refusing enlistment, since he did not enlist in the military on the basis of the freedom of religion and the freedom of conscience guaranteed by the Constitution and the International Covenant as a conscientious witness.

According to the Defendant’s legal statement and confirmation document, the fact that the Defendant was not enlisted in the military according to his religious conscience is acknowledged as a believers’s believers. However, in the event that there exists a constitutional legal interest to justify the restriction, the freedom of religion and the freedom of conscience is the relative freedom that may be restricted by law pursuant to Article 37(2) of the Constitution, and the duty of military service is ultimately to ensure the dignity and value of all citizens, and the Defendant’s freedom of religion and the freedom of conscience cannot be said to be the value superior to the above constitutional legal interest. Thus, for such legal interest, the freedom of religion and the freedom of conscience are restricted pursuant to Article 37(2) of the Constitution for the sake of

This is a legitimate restriction permitted under the Constitution, and the defendant's act cannot be deemed as falling under "justifiable cause" under Article 88 (1) 1 of the Military Service Act.