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

Punishment of the crime

The Defendant, at the Defendant’s house located in Yongsan-gu Seoul Metropolitan Government around November 23, 2016 and on December 26, 2016, received a notice of enlistment in the army training center under the name of the head of the Gyeonggi-do Military Branch Office to enlistment in the army as a person on December 26, 2016, but failed to enlist without justifiable grounds until December 29, 2016 after three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes to notify enlistment in active duty service;

1. Article 88 (1) 1 of the relevant Act on Criminal Facts cannot be deemed as constituting “justifiable cause” as provided for the exception to punishment under the Military Service Act, and punishing the conscientious objectors is not contrary to the freedom of conscience under Article 19 of the Constitution (Supreme Court Decision 2004Do2965 Decided July 15, 2004, etc.). Furthermore, the right to be exempted from the application of the above provision of the Military Service Act to conscientious objectors pursuant to Article 18 of the “International Covenant on Civil and Political Rights” in which the Republic of Korea is a member of the Republic of Korea cannot be derived immediately, and even if the United Nations Commission on the Freedom of Freedom proposed a recommendation on the Code, this does not have legal binding force (Supreme Court Decision 2007Do8187 Decided November 29, 2007, etc.). The defendant refuses to enlist in the military according to his conscience and recognizes that conscientious objectors is a substitute for the defendant.

However, in consideration of the fact that the defendant committed the crime of this case according to conscience and the first offender, etc., the sentence of the same punishment shall be imposed, but even if the sentence is imposed, it is likely to escape the defendant.

No legal detention shall be made because it is not visible.