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

Punishment of the crime

The Defendant is a believers of “B religious organization” and is subject to enlistment in active duty service.

On September 6, 2013, the Defendant received a notice of enlistment in active duty service in the name of the director of the regional military manpower office in the name of the Chungcheong-si, Chungcheongnam-gu and 1 Dong 204, and the mother from D to October 14:00 on October 15, 2013, the Defendant was not enlisted for active duty service even three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic registration/mail;

1. Application of notification Acts and subordinate statutes sent to the Commissioner of the Military Manpower Administration;

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 refused to enlist in active service according to a religious conscience as “B religious organization” and thus, there is justifiable reason under Article 88(1) of the Military Service Act (hereinafter “instant legal provision”).

2. The phrase “justifiable cause” under the legal provision of this case is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, the reason that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be limited to a cause not attributable to the non-

(See Supreme Court Decision 2003Do5365 delivered on December 26, 2003, etc.). However, even if a person who refused to perform a specific duty of military service is deemed to have a superior constitutional value to the legislative purpose of the legal provision of this case, the punishment for the application of the legal provision of this case would result in undue infringement of his constitutional rights.

Therefore, in this case, the duty of military service is exceptionally performed to exclude the unconstitutional situation.