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

Punishment of the crime

The defendant is a religious organization believers as a person in active duty service.

On August 26, 2013, the Defendant received a notice of enlistment in active duty service from the Defendant’s house located in Gwangju Mine-gu C, 101 Dong 1110 (D building), to the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do on October 14, 2013, and did not enlist on the said designated date for religious reasons until three days have passed from the date of enlistment.

Accordingly, the defendant did not enlist in the military for more than three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing the challenge of enlistment in active duty service;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, which was the religious believers B, refused to enlist in active duty service according to his religious conscience, and the Defendant asserts that the refusal of military service based on a religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act and Article 19 of the Constitution, which has the same effect as that of the Republic of Korea pursuant to Article 6(1) of the Constitution, constitutes “International Covenant on Civil and Political Rights (hereinafter “International Covenant”)” (Article 18(1) and is guaranteed by the freedom of conscience under Article 18(1) and Article 19 of the Constitution.

Article 18(1) of the above International Covenant provides that “any person shall have the right to enjoy the freedom of thought, conscience, and religion.” This right includes any freedom to hold or accept a religious or faith chosen by him or jointly with another person, and includes any freedom to express his religious or belief by worship, ceremony, event, or missionary work, in a public or private manner.” However, a conscientious objector shall be punished as a violation of Article 88(1) of the Military Service Act without granting a conscientious objector an exemption from military service or an opportunity for alternative military service.