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

Punishment of the crime

The defendant is a woman and a witness to be enlisted for active duty service.

Defendant on April 28, 2015, Ansan-si, Ansan-si around April 28, 2015

B. The same year in the residence of the defendant in heading 301.

6. 22. The same year in which three days have passed from the date of enlistment, even though the notice of enlistment in active duty service in the name of the director general of the Incheon Gyeonggi Military Manpower Administration, to be enlisted in the Army Training Office located in Seosan;

6. Until December 25, 2000, did not enlist without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to send a written accusation, military register inquiry, enlistment notice (15.6.22.-23) to the Military Manpower Administration, domestic parcel-registered mail, and notification sent to the Military Manpower Administration;

1. Article 88(1)1 of the relevant Act on Criminal Crimes provides that a defendant shall be acquitted on the defendant since he refused enlistment according to his religious conscience. However, regarding conscientious objection based on conscience, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court held that conscientious objection based on conscience does not constitute “justifiable cause” as provided for the exception to punishment in the above provision. From the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member of the Republic of Korea, the right to exempt conscientious objectors from the application of the above provision is not derived, and even if the United Nations Commission on Freedom submitted a recommendation on conscientious objection, this does not have any legal binding force (see, e.g., Supreme Court en banc Decision 2008Do827, Jul. 15, 2004).