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 to be enlisted for active duty service.

On July 20, 2015, the Defendant received a notice of enlistment in active duty service under the name of the head of the Incheon Military Manpower Branch Office and the head of the Incheon Military Manpower Branch Office to the Army Training Center, which was located in Ansan-si C and D, and until August 24, 2015, and did not enlist, without justifiable grounds, until August 27, 2015 of the same year after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to file an accusation, a written enlistment notice, a registered inquiry by registered mail, and a notice to the Military Manpower Administration;

1. Article 88(1)1 of the relevant Act on Criminal Crimes provides that a defendant shall be pronounced not guilty of the defendant since he refused enlistment according to a religious conscience. However, with respect to conscientious objection based on conscience, the Constitutional Court rendered a decision that Article 88(1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception to punishment under the above provision. From the provision of Article 18 of the International Covenant on Civil and Political Rights to which Korea is a member, the right to exempt conscientious objectors from the application of the above provision is not derived, and even if the United Nations Commission proposed recommendations on conscientious objection, this does not have any legal binding force (see, e.g., Supreme Court en banc Decision 2008Hun-Ga27, Jul. 15, 2004). 207.