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 in active duty service.

On September 30, 2014, the Defendant received a notice of enlistment in the Army Training Center under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the Army Training Center from November 17, 2014 through the Defendant’s e-mail, but failed to enlist, without justifiable grounds, until November 20, 2014, for which three days passed from the receipt of the notice of enlistment in the active service.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel regarding criminal facts under Article 88 (1) 1 of the pertinent Act asserts that since the defendant refused to enlist according to religious faith and conscience, the defendant has "justifiable cause" under Article 88 (1) of the Military Service Act, and that punishing the defendant under the above provision is unreasonable.

Article 88(1) of the Military Service Act is established to specify the duty of national defense of the most fundamental citizen, and it seems clear that if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as a human being cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as a human being of all citizens, and the freedom of conscience of conscientious objectors cannot be said to be superior value to the above constitutional legal interests. Thus, for the above constitutional legal interests, the freedom of conscience of the defendant is restricted pursuant to Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

In order to secure the performance of military service, punishment is imposed on a person who refuses to enlist in active service, and whether to recognize alternative military service is subject to broad legislative discretion. Therefore, with respect to a person who is unable to cope with military service due to a disease or mental or physical disorder, the Military Service Act has a broad legislative discretion.