Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The defendant is a religious religious believers B.

Although the Defendant, as a person subject to enlistment in active duty service on September 26, 2017, received a written notice of enlistment under the name of the head of the Military Manpower Administration in the Daegu-do District Office to enlist in the Army Training Center by November 20, 2017, from the Defendant’s house located in Busan-si C apartment D around Sep. 26, 2017, the Defendant failed to enlist without justifiable grounds for a period of three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to the accusation book, notification of enlistment in active duty service, and list of waiting persons;

1. Determination as to the Defendant’s assertion on criminal facts under Article 88(1) of the pertinent Act

1. The Defendant asserted that he was a female and witness, and refused to enlist in active duty service according to his religious belief or conscience.

Such refusal of military service is guaranteed in accordance with Articles 19 and 20 of the Constitution providing for the freedom of conscience and religion and Article 18 of the International Covenant on Civil and Political Rights (Convention No. 1007, which came into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”).

Therefore, the Defendant’s refusal of military service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

In addition, there is a justifiable reason in accordance with the reasonable ground that the defendant is the constitution and the rules.

There is no intention to evade enlistment, since I think of it and will to be engaged in private alternative service, etc. that do not go against conscience.

2. Determination 1) The fact that the exercise of fundamental rights under the Constitution should be carried out to the extent that it enables a common life with others within a national community and does not endanger other constitutional values and the legal order of the State is the fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience and the freedom of religion.

In other words, the freedom of conscience or the freedom of religion can be justified.