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

Punishment of the crime

Although the Defendant received a notice of enlistment in active duty from the Defendant’s house located in the Gyeongcheon-gun B Building C on October 28, 2016 to the 8 association located in the Gyeonggi-do Dong-gun on December 6, 2016, the Defendant 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 that is the accusation of D;

1. Application of Acts and subordinate statutes to a written accusation, a name tag of a person evading military service, and a copy of the defendant's written statement;

1. Determination as to the Defendant’s assertion on criminal facts under Article 88(1) of the pertinent Act

1. The gist of the defendant's assertion is that the defendant, as the believers of E religious organization, refuses to perform military service according to religious conscience, and there is a justifiable reason, and as there is an intention to perform alternative service that does not go against conscience, he is not guilty

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, Paragraph 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 evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not fulfilled properly and the national security is not guaranteed, it cannot be guaranteed the dignity and value as human beings.

Therefore, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors is more than the above constitutional legal interests.