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

Punishment of the crime

Appellant did not enlist on November 9, 2015 at the Defendant’s residence located in Scheon-si B, and on December 22, 2015, after receiving a written notice of enlistment under the name of the head of the Gangwon-do Military Branch Office of Gangwon-do, Gangwon-do, Gangwon-do, to enlistment as a person on December 22, 2015, and as a supplementary document No. 102, he did not enter the military within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of statutes governing a written accusation, written accusation, written notice of enlistment in active duty service, and basic information for registration;

1. As to facts constituting an offense, the Defendant guilty under Article 88(1)1 of the pertinent Act and the reason for sentencing on the charges, arguing that the Defendant, as a female witness, did not enlist in the military according to one’s religious conscience, and that such conscientious objection constitutes “justifiable cause” to refuse enlistment.

However, with respect to the so-called conscientious objection, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court held that conscientious objection according to conscience does not constitute “justifiable cause” as provided for the exception of punishment under the above provision, and that the Supreme Court did not derive the right to be exempted from the application of the above provision to conscientious objectors according to conscience, even if Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member, and that even if the United Nations Commission on the Freedom of Civil Rights proposed a recommendation, this does not have any legal binding force (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do817, Nov. 29, 2007).

However, even if a sentence has been imposed, there is a concern that the defendant may destroy evidence or flee.

No. 3.