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

Criminal facts

No person who has received a notice of enlistment in active duty service or of a call-up shall be allowed to refuse to enlist in the military or to respond to a call even after three days from the date of entering the military register or call-up without justifiable grounds.

However, even though the Defendant received a notice of full-time enlistment in reserve service in the name of the head of the Military Affairs Administration in the name of the Defendant’s mother D on November 26, 2015, that “from December 15, 2015 to December 14:00 of the same year,” the Defendant did not enlist in the military on December 18, 2012, when he received a notice of full-time enlistment in reserve service in the name of the head of the Military Affairs Administration in the name of the Defendant’s mother D, without justifiable grounds, within three days from the date of enlistment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of a list of persons who notify enlistment in full-time reserve service and statutes on delivery process;

1. As to facts constituting an offense, the Defendant’s argument and reason for sentencing as to the Defendant’s assertion under Article 88(1)1 of the pertinent Article of the Military Service Act, based on one’s conscience formed by his religious doctrine, who refuses military service according to one’s conscience. As such, the Defendant asserts that it constitutes “justifiable cause” for refusing military service under the main sentence of Article 88(1) of the Military Service Act.

The freedom of false conscience and religion should be guaranteed to the maximum constitutional right, which is the most fundamental right associated with the mental domain of human beings.

However, in the event that the freedom of conscience or the freedom of religion is simply expressed in the territory of the human body and conflicts with other constitutional values, the freedom of conscience is always guaranteed on the ground that the freedom of conscience is related to the mental area.

subsection (1) of this section.

B. In addition, the exercise of fundamental rights under the Constitution makes it possible for people to live together with others within the national community, and is another constitutional value.