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

Punishment of the crime

The defendant is a person subject to enlistment in active duty service (full-time reserve service).

On November 10, 2015, the Defendant received a written enlistment notice from the head of the Jeju Military Affairs Administration from December 14, 2015 to December 14:00, 2015, to enlistment in a naval education training center located in the border of the Republic of Korea.

However, without justifiable grounds, the defendant did not enlist in the military even though three days from the above enlistment date.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Written statements prepared by D;

1. Application of statutes to a copy of a notice of enlistment in full-time reserve service and an e-mail enlistment;

1. Relevant legal provisions concerning criminal facts: Determination on the assertion of the defendant and his/her defense counsel under Article 88(1)1 of the Military Service Act

1. The gist of the assertion is that the Defendant’s refusal to enlist in the military constitutes conscientious objection, which is derived from the freedom of conscience under Article 18 of the Covenant on Freedom of Freedom and Article 19 of the Constitution of the Republic of Korea. As such, there exists “justifiable cause for refusing enlistment” under the Military Service Act.

2. Determination

A. Inasmuch as the exercise of fundamental rights under the Constitution should be carried out within the scope that enables a common life with others within a community and does not endanger other constitutional values and the legal order of the State, the exercise of all fundamental rights, including the freedom of conscience, is a fundamental limitation to the exercise of all fundamental rights. Thus, in a case where there exists a constitutional legal interest to justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

However, Article 88(1) of the Military Service Act, which is a legal provision of the instant case, was prepared to specify the duty of national defense of the most fundamental citizen, and if the State’s security is not guaranteed because such duty of military service is not fulfilled properly, it is difficult to guarantee the dignity and value of the people as human beings.

Therefore, military service is therefore.