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 2, 2013, the Defendant was sent to the Army Training Center under the name of the director of the Korea Military Manpower Office in the name of the Defendant on September 2, 2013, and the enlistment in the Army Training Center on October 7, 2013, but did not, without justifiable grounds, enlist by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Written accusation of the director of the regional military manpower office south;

1. Application of Acts and subordinate statutes for notification of enlistment in active duty service and inquiry into domestic registration in October 2013;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. As the Defendant, as a believers of the E religious organization, did not enlist in the army according to his religious belief and conscience, there exists “justifiable cause” that the Defendant does not enlist in the army under Article 88(1) of the Military Service Act.

2. Article 19 of the Constitution provides that “All citizens shall enjoy the freedom of conscience.” From among the freedom of conscience under the Constitution, the freedom of conscience formation held in the inner depth may not be restricted to what is, and the freedom of conscience realization in the stage of externally expressed and realized may be restricted by law in a case where it violates legal order itself or conflicts with other constitutional values. The freedom of military service, one of the citizens’ national defense duty under Article 39(1) of the Constitution, ultimately is to guarantee the dignity and value of all citizens as human beings. Thus, if the freedom of conscience realization conflicts with that of the military service duty, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is justified under the Constitution.