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

Punishment of the crime

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on August 28, 2012, the Defendant did not, without justifiable grounds, enlist in the area of his residence located in the Chungcheongnam-do 301 Dong Dong-dong 301, and on October 9, 2012, the Defendant received from his family members a written notice of enlistment under the name of the director of the regional military manpower office to be enlisted in the active duty service on October 14, 2012, within 306 Dong-dong 306 Dong-dong-dong from his family members.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of the accusation, accusation note, official document, copy of the draft notice of enlistment in active duty service, copy of the parcel-post inquiry, copy of the notice, confirmation of fact, copy of identification number, and the statutes of the military register inquiry;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The summary of the defendant's assertion is the witness of the court, and the defendant's act of refusing enlistment according to the advanced religious conscience is based on the right to guarantee the freedom of conscience under Article 18 of the International Covenant on Civil and Political Rights (hereinafter "Rules") and Article 19 of the Constitution and constitutes justifiable grounds under Article 88 (1) of the Military Service Act.

Therefore, the defendant is not guilty.

2. As to the so-called conscientious objection, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; 2008Hun-Ba22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception to punishment under the above provision. From Article 18 of the Rules to which Korea is a party, the same provision does not apply to objectors according to conscience.