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

Punishment of the crime

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

On September 18, 2014, the Defendant received a notice from the director of the regional military manpower office in the name of the former director of the regional military manpower office to enlist in the Army Training Center in the name of 504 on October 23, 2014 through Bana, a Ba, from the Defendant’s house located in Dai-dong B Apartmentdong 108, the Defendant did not enlist in the army on October 23, 2014, when three days have elapsed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Notices sent to the Military Manpower Administration of the accused;

1. A written accusation, a written accusation, and a written confirmation of challenge to enlistment;

1. Facts confirmation, identification number, and identification number;

1. The notification of enlistment in active duty service and additional notification, and the application of Acts and subordinate statutes of the Korean Association for Registration/Post-Postal Services;

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

1. The gist of the assertion is that the Defendant, as a female witness, refused enlistment in active duty service in accordance with the order of faith and conscience based on his religious doctrine as a believers, and conscientious objection based on conscience falls under justifiable grounds prescribed by Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out within the scope that enables a common life with others within a State community and does not endanger other constitutional values and the legal order of the State is the fundamental limitation of the exercise of all fundamental rights, including the freedom of conscience. In the event that there exists a constitutional legal interest to justify the restriction, the freedom of conscience is a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

In addition, Article 88 (1) of the Military Service Act, which is a punishment provision for evasion of enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and such duty of military service is not fulfilled properly, thereby guaranteeing national security.