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

Punishment of the crime

The Defendant, as “C,” was a person subject to enlistment in active service as “C,” and on May 21, 2012, the Defendant was not enlisted in the military training center located in the Da apartment 104 Dong 2002 Dong-si 2002 at his home on July 9, 2012, and was given a notice of enlistment in active service under the name of the head of the Gyeonggi Northern Branch Military Manpower Branch Office, but was not enlisted for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement that he did not enlist by the prescribed date;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of domestic Acts and subordinate statutes of registration inquiry;

1. The Defendant and his defense counsel on the assertion of the litigants under Article 88(1)1 of the pertinent Act on criminal facts asserted to the effect that the Defendant’s defense counsel, as C faith, refuses military service according to the freedom of conscience, and thus, does not constitute a crime for “justifiable cause” under the Military Service Act.

However, the current law does not allow the exemption from the duty of military service for a person who refuses enlistment in active service on the ground that it violates one's conscience, or allow the exemption from the performance of the duty of military service through pure civil service.

In addition, since national consensus has not yet been formed on the permission of conscientious objection or the introduction of the alternative military service system, it cannot be deemed that the legislator’s judgment that did not allow such exceptions is clearly unconstitutional.

Therefore, we cannot accept the above argument.