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

Punishment of the crime

The Defendant, as a person subject to enlistment in active service, received a notice of enlistment in the name of the director of the Daegu-do regional military manpower office to enlistment in the 50 army located in the school Dong-dong, Daegu-gu, as of July 16, 2013, from the Defendant’s house located in the Gyeong-gun, Chungcheongnam-do, North Korea on May 16, 2013, but failed to enlistment without justifiable grounds until July 19, 2013, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. The Defendant asserted that he refused enlistment based on his religious belief or conscience as a female witness, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant did not constitute a crime of violating the Military Service Act against the Defendant.

2. On the top of a board, Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value as human beings cannot be guaranteed if the national security is not achieved because the duty of military service is not fulfilled properly.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, and thus, the freedom of conscience of defendants is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

Furthermore, in order to secure the performance of military service, a broad legislative discretion has been reserved in regard to whether punishment is imposed on a person who refuses enlistment in active service, and whether to recognize alternative military service. As such, a broad provision exists for imposing punishment on a person who refuses enlistment in active service on the ground of conscience and freedom of religion without any special exception that can substitute enlistment in active service.