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

Punishment of the crime

The defendant is to be enlisted in active service.

Those who have received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

On May 10, 2016, the Defendant, at around 10:07, failed to enlist without good cause, even though he directly received a written notice of enlistment in active duty service in the name of the head of the Incheon Military Manpower Branch Office, to be enlisted in five Team located in the Army located in Gyeonggi-gu, Incheon District on June 7, 2016, from the Defendant’s dwelling at around 10:01, Incheon

Accordingly, the defendant evaded enlistment in active duty service without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning additional enlistment notice and written confirmation of registered mail delivery;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act on the Military Service Act, the Defendant asserts that the “justifiable cause” under Article 88(1) of the Military Service Act exists, and that Article 88(1) of the same Act, which provides that a person who refuses enlistment according to a religious belief, would be punished by a person who refuses enlistment pursuant to a religious belief, also contravenes the decision of the United Nations Covenant on Freedom.

In principle, “justifiable cause” as referred to in Article 88(1) is premised on the existence of abstract military service and the confirmation of the performance of the duty of military service. However, the reason that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be limited to a cause not attributable to the non-performance of the duty of military service, i.e., disease, etc., that is, a cause not attributable to the non-performance of the duty of military service. Under the current positive law that does not provide a special exception that allows a

In addition, the United Nations Commission on the ICCPR has become a witness.