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

Punishment of the crime

The defendant shall be those subject to enlistment in active duty service and those who have received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, at the Defendant’s residence located in Ulsan-gu, Ulsan-gu on November 28, 2016, received a notice of enlistment in the active duty service under the name of the head of the Busan-si Military Affairs Administration, to enlistment in the Army Training Center located in Seosan-si on December 26, 2016, but did not, without justifiable grounds, undergo the enlistment within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 88 (1) 1 of the relevant Act on criminal facts [Judgment on the defendant's assertion]

1. The Defendant asserts to the effect that there exists a “justifiable cause” as stipulated under Article 88(1) of the Military Service Act, since he was a believers and did not enlist in the military according to the freedom of conscience.

2. The freedom of conscience, such as “ conscientious objection,” can be restricted for national security, maintenance of order, or public welfare as well as other fundamental rights pursuant to Article 37(2) of the Constitution. The Defendant cannot be treated as a value superior to the constitutional value of national security, human dignity, etc. that is ultimately protected by Article 88(1) of the Military Service Act, which is the applicable law of this case (see Supreme Court Decision 2004Do2965, Jul. 15, 2004). 3. In light of the above legal principles, refusal of enlistment based on his religious belief can be understood from the perspective of the freedom of expression of conscience, but at the same time, it is sufficient to impair the constitutional value, such as national security, human dignity, and value, and ultimately, constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.