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

Punishment of the crime

On October 21, 2013, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlistment in the office of the Defendant located in Gwangju-si B, 201 Dong 204 (C apartment), and on November 26, 2013, and did not enlistment in the office without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. A copy of the notification sent to the Military Manpower Administration and a copy of the fact certificate;

1. Parcel-post services, etc.;

1. Application of statutes, such as notification of additional enlistment in active duty service;

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, as a believers of “D Religious Organizations”, did not enlist in the military according to religious belief or conscience, and there are justifiable grounds for refusal of enlistment.

2. Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value as human beings cannot be guaranteed if the duty of military service is not fulfilled properly and the national security is not ensured.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, and thus, the freedom of conscience of defendants is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

Furthermore, in order to secure the performance of military service, it is deemed that there is a broad legislative discretion on whether to impose punishment on a person who refuses enlistment in active service, and whether to recognize alternative military service, and therefore, a broad provision on a person who refuses enlistment in active service on the ground of conscience and religious freedom has only the provision on imposition of punishment without any special exception that can substitute enlistment in active service.