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

Punishment of the crime

The Defendant, as a person subject to enlistment in active service, failed to enlist in the military on September 26, 2015, on the ground that he was a witness of Chungcheongnam-do, Daejeon District Military Affairs Administration, to be enlisted in the Army Training Center located in the Sinsan-si by the electronic mail from around September 26, 2015 to around November 9, 2015 at the Defendant’s office located in the 104 Dong 701, on the ground that he was a person subject to enlistment in active service.

Accordingly, even though the defendant received a written notice of enlistment in active duty service, he did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. A public notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes governing delivery of a notice imposing military service;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. The alleged defendant refused to enlist in the military according to a religious conscience as a female witness, which is based on the right belonging to the freedom of conscience guaranteed by the Constitution, and is not an offense.

2. We examine whether the Defendant has “justifiable cause” under Article 88(1) of the Military Service Act that may refuse to perform the duty of military service.

"Justifiable reason" under Article 88 (1) of the Military Service Act is, in principle, premised on the existence of an abstract duty of military service and the confirmation of the performance thereof. However, the reason why the failure to perform the duty of military service specified by the decision of the head of the Military Affairs Administration, etc. is not attributable to the person who committed the act of non-performance of such duty of military service, such as illness. However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and the right has superior constitutional value that enables the legislative purpose of the above provision.

Even if it is recognized, if Article 88(1) of the Military Service Act is applied and punished, his constitutional right is unfair.