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

Punishment of the crime

As a person subject to enlistment in active duty service, the Defendant was not enlisted for the enlistment for the period of three days from the date of enlistment without justifiable grounds, even though he received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju Special Metropolitan City, from November 20, 2014 to November 14:00 on November 25, 2014.

Summary of Evidence

1. The defendant's partial statement in court (the statement to the effect that he did not enlist on the grounds of freedom of conscience after having received the enlistment notice);

1. Notices sent to the Military Manpower Administration of the accused;

1. A written accusation, a written accusation, or a written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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

1. The defendant, as the believers of C religious organizations, refused to enlist in the military according to his religious conscience. This constitutes a “justifiable cause” under Article 88(1) of the Military Service Act as a right belonging to the freedom of conscience guaranteed by the Constitution.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, the reason why the nonperformance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, etc. can be justified, i.e., that is, a cause not attributable to the non-performance of the military service, such as illness. However, even in a case where the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the right of the non-performance of the duty has superior constitutional value to the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88(1) of the Military Service Act, it would result in undue infringement of the constitutional right, and thus, this case’s unconstitutional situation