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

Punishment of the crime

The defendant is a man and a witness to be enlisted in active duty service.

A person who has received a written notice of enlistment in active service shall not enlist in the army within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant received a notice of enlistment in active duty service from the Kimpo-si B office around June 22, 2015, which was sent by the Seoul regional military manpower office until July 7, 2015 to the 55th Military Service Education Team of the Army, and was sent to the 55th Military Service, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement by which C is accused;

1. Accusation of violators of the Military Service Act, and notification of persons subject to separate enlistment in active service;

1. Application of the notification documents sent to the Military Manpower Administration (Preparation of June 22, 2015) and the fact confirmation documents (Preparation of June 23, 2015) Acts and subordinate statutes;

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

1. The gist of the assertion is that the Defendant, as a female witness, refused to enlist in active duty service according to one’s religious conscience. Such conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88 (1) of the Military Service Act, which is a punishment provision for evasion of enlistment, was prepared to specify the duty of national defense, which is the most fundamental duty of the people, and such duty of military service is not properly fulfilled and thus national security is not secured.