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

Punishment of the crime

The defendant is a new witness, a witness, and a person subject to enlistment in active duty service.

A defendant, around August 5, 2015, was sent to the Army Training Center as of September 21, 2015 at the defendant's dwelling in Geumcheon-gu Seoul Metropolitan Government B apartment and 101 Dong 508, and was sent to the Army Training Center as of September 21, 2015, but failed to enlist without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of enlistment in active duty service and application of Acts and subordinate statutes governing registration of persons subject to draft physical;

1. The defendant's assertion about the defendant's assertion regarding criminal facts under Article 88 (1) 1 of the pertinent Act on the Military Service Act is that the defendant refused to enlist in the military according to his religious conscience as the believers of the female and the witness. This asserts that the defendant's assertion constitutes "justifiable cause" under Article 88 (1) of the Military Service Act since it is based on the freedom of conscience, freedom of thought and freedom of religion guaranteed by the Constitution and the International Covenant on Civil and Political Rights.

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner trial, cannot be restricted to what is, and thus, is subject to absolute protection. On the other hand, the freedom of conscience realization at the stage of externally expressing and realizing conscience, which is a relative freedom, may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. As such, the duty of military service, one of the citizens’ duty of national defense, as stipulated in Article 39(1) of the Constitution, is the most fundamental demand for the existence of a national community, ultimately guarantees the dignity and value of all citizens as human beings. Thus, if the freedom of conscience realization conflicts with the duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is permitted under the Constitution.