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

Punishment of the crime

Although the Defendant received a notice of enlistment in active duty service under the name of the head of the Daegu-gu Regional Military Affairs Agency in the name of the head of the Gyeong-gu Regional Military Affairs Administration on June 5, 2017 to enlistment in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si on May 10, 2017 at the Defendant’s residence located in Daegu-gu, Daegu-si, Chungcheongnam-si, Gyeong-si, Gyeong-gu, Gyeong-do, the Defendant failed to enlistment without

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes governing a written accusation, enlistment notice in active duty service, and postal delivery information;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that rather than evading the duty of military service itself, the Defendant refused the duty of military service in the form of a unit of conscience, which constitutes “justifiable cause” under Article 88 of the Military Service Act.

However, the refusal of military service constitutes refusal of military service, and military service is ultimately to ensure the existence of a community of the State and the dignity and value of all citizens as human beings, and thus, the Defendant’s religious conscience’s freedom cannot be deemed as superior value to such constitutional legal interests. Thus, even if the freedom of conscience is restricted pursuant to Article 37(2) of the Constitution for such constitutional legal interests, it may be deemed a justifiable restriction permitted under the Constitution.

Therefore, it cannot be deemed that a religious belief refusing to hold a gun constitutes justifiable cause under Article 88(1) of the Military Service Act, and the above assertion is rejected.

Under the current law where the duty of military service for the reason of sentencing is not recognized as a fundamental duty of the people, it is inevitable to punish the defendant corresponding to that of the defendant, so the defendant is sentenced to the punishment, but there is no possibility of escape.