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 liable for active duty service who has been judged by the second grade of a physical examination for conscription in the Chungcheongbuk regional military manpower office around April 4, 2014.

On June 1, 2016, the Defendant issued a notice of enlistment in active duty service in the name of the director of the regional military manpower office in the name of Chungcheongnam-do, Dacheon-si, 102, 1005 through 35 Sacheon-ro, the residence of the Defendant on July 12, 2016, to enlistment in the 35 Sacheon-gun, the 35 Sacheon-gun, the North Korean Military Manpower Office, which was located in the name of the Defendant, and did not enlistment by

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a written accusation, and a written statement of the regional military manpower office;

1. A written statement that is the accusation of D;

1. Notification of additional enlistment in active duty service, list of persons to be notified of enlistment in active duty service, notification of enlistment in active duty service, and application of statutes of delivery bureau;

1. Judgment on the defendant under Article 88 (1) 1 of the relevant Act on criminal facts and his/her defense counsel's assertion

1. The Defendant alleged that he was a woman and a witness and failed to enlist in active duty service according to the freedom of conscience guaranteed by the Constitution. As such, there exists “justifiable cause” under Article 88(1) of the Military Service Act.

2. As a matter of the interpretation of the current Constitution and the law, refusal of enlistment on the ground of religious conscience and belief cannot be deemed as a justifiable cause under Article 88(1) of the Military Service Act.

[See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004; Constitutional Court Decision 2008HunGa22, 2009HunGa7, 24, 2010HunGa16, 37, 2008HunBa103, 209HunBa3, 2011HunBa16, etc.). The above arguments by the defendant and his defense counsel are not accepted.

In light of the defendant's religious belief in sentencing, it seems difficult to expect the defendant to fulfill his duty of military service, and only one person who has been sentenced to imprisonment or imprisonment without prison labor for not less than one year and six months is subject to enlistment in the second citizen service, and if the defendant is sentenced to a lower sentence, the defendant will also enlist in the military.