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

Punishment of the crime

The Defendant is a person in active duty service.

On September 26, 2013, the Defendant was served with a notice on imposition of military service under the name of the director of the Gyeong-nam Military Manpower Office, stating that he will be enlisted in the Army Group 39 on November 5, 2013 at the residence of the Defendant in Kimhae-si B, and that he will be enlisted.

Nevertheless, the defendant did not enlist in the military without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a charge (including attached documents);

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

1. The alleged Defendant, as C believers, refused to enlist in the army according to religious conscience.

Such conscientious objection is derived from the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution. “Justifiable cause” under Article 88(1) of the Military Service Act includes conscientious objection based on the foregoing religious belief.

Therefore, the defendant's refusal of enlistment does not constitute a crime for "justifiable cause" under Article 88 (1) of the Military Service Act.

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, such as illness, is not attributable to the person who failed to perform the military service, i.e., disease, etc., shall be deemed to be limited to the reason that the non-performance of the military service is not attributable to the non-performance of the military service. 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 above right has superior constitutional value to the legislative purpose of the above legal provision, if punished by the application of