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 duty service on March 17, 2014, received the Defendant’s notice of enlistment in active duty service from the Defendant’s house located in Pyeongtaek-si B, 213 Dong 1203 to April 15, 2014 through Defendant’s type C, but failed to enlist without justifiable grounds until April 18, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes of notification of enlistment in an accusation, military register inquiry, and active duty serviceman;

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The Defendant asserted that he refused to enlist in active duty service according to one’s conscience as a believers of “novah’s Witness.” Since the right to conscientious objection is guaranteed pursuant to Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights incorporated into domestic law, the Defendant’s exercise of the right to conscientious objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act means a justifiable reason under Article 88(1) of the same Act is, in principle, premised on the existence of an abstract duty of military service and the confirmation of the performance of such duty itself. However, a reason that may justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., illness, or any other reason that cannot be attributable

(2) Article 88(1) of the Military Service Act provides that a person who refuses to perform his/her specific duty of military service shall be punished by applying the above provision, even in cases where a person refuses to perform his/her duty of military service is recognized as having superior constitutional value to the legislative purpose of Article 88(1) of the Military Service Act.