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 Military Affairs Administration in the name of the head of the North Korean regional military affairs office and received a notice of enlistment in active duty service, the Defendant did not enlist within three days from the date of enlistment on September 30, 2015, from the Defendant’s house located in the North Korean Net Chang-gun, B, to October 14:00 of the previous North Korean office to the 35 association new illness training in the North Korean office located in the North Korean office.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. A written accusation;

1. A list of those who notify enlistment in active duty service and minor enlistment in active duty service;

1. Application of the statutes governing the progress of delivery;

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

1. The gist of the argument is that the Defendant, as a female witness, refused to enlist in the army according to his religious conscience. This constitutes a “justifiable cause” under Article 88(1) of the Military Service Act as an exercise of legitimate rights based on the freedom of conscience guaranteed by the Constitution.

2. Determination

A. The "justifiable cause" of the legal provision of this case is, in principle, premised on the existence of abstract military service and the confirmation of the performance of such service itself. However, the reason that can justify the nonperformance of the military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., the reason that the non-performance of the military service cannot be attributable to the person who committed the non-performance of such duty, such as illness, shall be deemed to be limited to the reason that the non-performance of the military service cannot be attributable to the person who refused the performance of such duty, is guaranteed by the Constitution of Korea

Even if it is recognized, if punishment is imposed by applying the legal provisions of this case, it would result in an undue infringement of his constitutional rights, so it would be exceptionally excluded from this unconstitutional situation.