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

Punishment of the crime

The defendant is to be enlisted in active service.

Those who have received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

On November 24, 2014, the Defendant, at around 10:04, received a notice of enlistment in active duty service under the name of the director of the Seoul regional military manpower office to enlistment in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, on December 29, 2014, from the Defendant’s dwelling at around 102, the Defendant failed to enlist without justifiable grounds.

Accordingly, the defendant evaded enlistment in active duty service without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation and a written statement of attachment, and the notification of persons subject to separate enlistment;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1) of the relevant Act

1. The alleged defendant refused to enlist in active duty service according to his religious conscience as a religious believers who is a female and a female witness. The refusal of military service based on such religious conscience is based on “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, and such refusal does not constitute an offense.

2. Article 88(1) of the Military Service Act is a legal provision prepared to specify the duty of national defense under the special real security situation of Korea to ensure national security by embodying the duty of national defense under our country’s special circumstances, and the Defendant’s freedom of conscience cannot be deemed as superior value to such constitutional legal interests. As a result, the Defendant’s freedom of conscience is restricted pursuant to Article 37(2) of the Constitution for the foregoing constitutional legal interests.

Even if it is reasonable to view it as a justifiable restriction permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do8187, Nov. 29, 2007; Constitutional Court Order 2008HunGa22, Aug. 30, 201). The Defendant’s freedom of religious conscience is a justifiable reason for refusing to perform the duty of military service.