Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

A person who has received a notice of enlistment in active service shall enlist within three days from the date of enlistment.

The Defendant, around April 10, 2015, in the residence of the Defendant located in Gwangju Southern-gu B, 101 Dong 708, and on June 2, 2015, “in active duty service according to the 31st group of new soldiers training located in Gwangju North-gu, Gwangju-gu, the Defendant did not directly receive a written notice of enlistment in active duty service under the name of the director of the regional military manpower office of Gwangju-gu, Gwangju-nam regional military manpower office, and did not enlist until June 5, 2015,

Accordingly, even after receiving a notice of enlistment in active duty service, the defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of accusation, accusation, or complainant of active duty servicemen;

1. Application of Acts and subordinate statutes to the year list of enlistment in active service, registration delivery and investigation;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant’s refusal to enlist in the military according to a religious conscience is based on the freedom of conscience under the Constitution and the right to conscientious objection under Article 18 of the International Covenant on Civil and Political Rights, which 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, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, it should be deemed that there is a reason that justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., disease, or any other reason that is not attributable to the non

However, even in cases where a person who has refused to perform a specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and furthermore, such right has superior constitutional value to the function of the legislative purpose of the legal provision of this case, the legal provision of this case shall apply.