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

Punishment of the crime

On July 11, 2013, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the Army Training Center located in Sinpo-si on August 26, 2013 from his mother on July 11, 2013, and did not, without good cause, enlist until the 29th day of the same month after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation for the preparation of D;

1. Notices sent to the Military Manpower Administration and parcel post investigation reports;

1. Application of Acts and subordinate statutes to military register inquiry, notification of enlistment in active service, list of persons to be enlisted in active service, and list of persons not enlisted in active service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts to the effect that, as the believers of “E religious organizations” refused enlistment according to religious belief and conscience, and the right to conscientious objection is recognized pursuant to Article 18 of the International Covenant on Civil and Political Rights, the Defendant has justifiable grounds for not enlistment.

However, the fundamental rights under the Constitution should be exercised within the extent that it enables people to live a community with others within a community and does not endanger other constitutional values and the law and order of the State. As such, in the event there is a constitutional legal interest to justify the restriction, the freedom of conscience realization is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution, and Article 88(1) of the Military Service Act is established to embody the duty of national defense of the most fundamental citizen. If such duty of military service is not properly performed and the national security is not guaranteed, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately is a whole of the people.