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

Punishment of the crime

On September 18, 2014, the Defendant received a notice of enlistment in active duty service under the name of the director of the Busan regional military manpower office to enlistment in the office of the Defendant located in Ulsan-gun, Ulsan-gun on November 4, 2014, from the office of the Defendant located in Ulsan-gun, Ulsan-gun, Busan-gun, Busan-do, to the 53 company group on November 14, 2014, but did not enlist without justifiable grounds within three days from the date

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of a fact-finding certificate (Evidence No. 12 pages);

1. The defendant's argument regarding the defendant's argument regarding criminal facts under Article 88 (1) 1 of the pertinent Act concerning the Military Service Act is that the defendant refused to enlist in the military according to his religious conscience as the believers of the female and the witness. The defendant asserts that this constitutes "justifiable cause" under Article 88 (1) of the Military Service Act, since it is based on the freedom of conscience, freedom of thought, and freedom of religion guaranteed by the Constitution and the International Covenant on Civil and Political Rights.

The freedom of conscience formation, from among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner trial, cannot be restricted to what is, and thus, subject to absolute protection. On the other hand, the freedom of conscience realization in the stage where such formed conscience externally expressed and realized is a relative freedom and may be restricted by law in cases where it violates legal order itself or conflicts with other constitutional values. As such, the freedom of conscience realization, one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a community, and ultimately, is to guarantee the dignity and value of all citizens as human beings. Thus, when the freedom of conscience realization conflicts with that of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is a legitimate restriction permitted under the Constitution.

(See Supreme Court Decision 2007Do3795 Decided July 12, 2007). On the other hand, citizens are and citizens.