The sentence against the accused shall be determined by one year and six months of imprisonment.

Punishment of the crime

No person who has received a written notice of enlistment in active duty service or of a call-up shall refuse to enlist in the military or respond to a call-up within three days from the date of entering the military register or call-up without justifiable grounds.

Nevertheless, the Defendant, as a person subject to enlistment in active duty service on November 4, 2016, did not enter the military service for three days after receiving a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of Daejeon Chungcheongnam-gu, Daejeon to enlistment as a 25 association located in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan Government from November 4, 2016 to December 6 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to written accusation, the progress of delivery, and fact-finding certificates;

1. Article 88(1)1 of the pertinent Act on criminal facts constitutes an Act that restricts the freedom of expression of conscience, contained in Article 18(3) of the International Covenant on Civil and Political Rights, which came into force against the Republic of Korea on July 10, 1990.

However, it can not be evaluated as a violation of the above regulations if the alternative service system has not been established.

Next, a wide range of discretion should be given to the legislators of member countries regarding whether to introduce the alternative service system. However, even if the peaceful co-existence relationship between South and North Korea is established and the understanding and tolerance of conscientious objectors are placed in our society, the consensus of members of the social community that does not realize equality of burden in the performance of military service and interfere with social integration is not formed, it is difficult to introduce the alternative re-delivery.

The judgment of this legislator is considerably unreasonable or clearly erroneous.

shall not be deemed to exist.

Finally, Article 88(1) of the Military Service Act is a violation of Article 88(1) without giving conscientious objectors an opportunity to exempt or substitute military service.