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

Punishment of the crime

The defendant is to be enlisted in active service.

On June 27, 2013, the Defendant received a written notice of enlistment in active duty service under the name of the director of the regional military manpower office prior to North Korea, demanding the enlistment from the office of the Defendant B to July 23, 2013, from the office of the Defendant to the 35 company.

Nevertheless, the defendant did not enlist in the military without justifiable grounds even after the lapse of three days from July 23, 2013, which was the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to file an accusation, a certificate of evasion of enlistment, notification of enlistment in active duty service, and additional notification;

1. The Defendant asserts that conscientious objection according to a religious conscience constitutes justifiable cause under the Military Service Act, which is determined as to the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act.

However, the "justifiable cause" of Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance. However, it should be deemed that there is a justifiable reason to refuse the performance of military service on the other hand, in order to exclude the unconstitutional situation, unless there is a justifiable reason to refuse the performance of military service on the other hand, a person who refuses the performance of specific military service is guaranteed by the Constitution of the Republic of Korea. Furthermore, even in a case where it is recognized that the right has a superior constitutional value capable of the legislative purpose of Article 88 (1) of the Military Service Act, even if the right has been punished by the application of Article 88 (1) of the same Act, it would result in undue infringement of his constitutional right.

On the other hand, the exercise of fundamental rights under the Constitution makes it possible for people to live together with others within the national community.