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

Punishment of the crime

The defendant is a person subject to enlistment in active duty service, and is a witness of women and a witness.

On July 1, 2015, the Defendant issued a notice of enlistment in active duty service under the name of the director of the Daegu Gyeong-do regional military manpower office to enlistment in the 50 army located in the territory of the 50 army located in the Dong-si, Daegu Gyeong-gu on August 18, 2015 at the Defendant’s residence located in the Gu-si B, 2, 1107, but did not, without good cause, enlistment by not later than three days after the date

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation, a name card of a person evading military service, a written accusation, a list of notified persons of enlistment in active duty service, and a certificate of results of delivery of written notice of enlistment

1. The defendant's argument regarding the defendant's argument regarding criminal facts under Article 88 (1) 1 of the relevant Article of the Criminal Act is that the defendant and witness refused to enlist in the military according to his religious conscience as the believers of the church. This argument is based on the freedom of conscience, freedom of thought, freedom of religion, etc. guaranteed under Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights (Free Covenant), which constitutes "justifiable cause" under Article 88 (1) of the Military Service Act.

The freedom of conscience formation, among the freedom of conscience as stipulated in Article 19 of the Constitution, which remains in the inner depth, cannot be restricted to what is, and thus, is subject to absolute protection. On the other hand, the freedom of conscience realization at the stage of externally expressing and realizing conscience, which is a relative freedom, may be restricted by law if it violates legal order itself or conflicts with other constitutional values. As such, the duty of military service, one of the citizens’ duty of national defense, as stipulated in Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a national community, ultimately, is to guarantee the dignity and value of all citizens as human beings. Thus, the freedom of conscience realization is the same.