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

Punishment of the crime

On October 5, 2012, the Defendant received a notice of enlistment under the name of the director of the Daejeon-nam Military Manpower Office, which stated that the Defendant “be enlisted in the 306 Supplementary Army located in the Dong-dong, Dong-dong, Dong-dong, Seocheon-gu, Incheon-si on November 13, 2012,” but failed to enlist for more than 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 documents appended to a written accusation (the notice of enlistment in active service, inquiry into domestic registration, military register inquiry);

1. The Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act is the “C” member of the Military Service Act, who refuses to enlist according to religious doctrine and conscience, and accordingly, the Defendant asserts that there exists “justifiable cause” under Article 88(1) of the Military Service Act.

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 said to be superior value to the above constitutional legal interests. Accordingly, for the above constitutional legal interests, the freedom of conscience of the Defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

In order to secure the performance of military service, a wide range of legislative discretion has been reserved for the legislators as to whether to impose punishment on those who refuse enlistment or call, and whether to recognize alternative military service.

Legislatives are disadvantageous to conscientious objectors and are bound to do so.