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

Punishment of the crime

The Defendant, a person subject to enlistment in active duty service on September 2, 2013, was the Defendant’s house located in Gangdong-gu B Apartment 101 Dong 1110, and was issued a notice of enlistment in the Army Training Center in the name of the director of the Seoul Regional Military Manpower Office to enlistment in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu on October 7, 2013, but failed to enlist without justifiable grounds by not later than three days

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to written accusation, written notice of enlistment in active service, written notice of registered mail inquiry, written accusation, recording record, and records;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as a member of D religious organization, refused to enlist in the army according to his religious doctrine and conscience.

Article 88(1) of the Military Service Act is prepared to specify the duty of national defense of the most fundamental citizen, and if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as a human being cannot be guaranteed. Therefore, the duty of military service ultimately is to ensure the dignity and value as a human being of all citizens.

Considering this point, the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests. Accordingly, the freedom of conscience of the Defendant is restricted in accordance with Article 37(2) of the Constitution for the above constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

In addition, in order to secure the performance of military service, a wide range of legislative discretion is reserved in relation to whether to impose punishment on a person refusing enlistment or call and whether to recognize alternative military service.