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 subject to active duty service.

On May 17, 2016, the Defendant received a written notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of the Gangwon-gu District Office, and did not enlist without justifiable grounds, to the effect that the Defendant will enlist in the 102 supplementary unit of the Army located in Gangwon-do, Gangwon-si, Gangwon-do, and 108 106 dong 106 from the Defendant’s residence located in Gangwon-do, Gangwon-do, and Gangwon-do, the Defendant did not

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of a person evading enlistment in active duty service;

1. Application of Acts and subordinate statutes to notify additional enlistment in active duty service 102;

1. Determination as to the pertinent Article of the Act on Criminal facts, Article 88(1)1 of the Military Service Act, and Article 88(1)1 of the Act on the Selection of Punishment, etc.

1. The Defendant asserted that he refused to enlist in the army according to his religious conscience as a new witness of women and children. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The duty of military service, one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is ultimately required to ensure the dignity and value of all citizens as human beings. Thus, when the freedom of conscience realization conflicts with such duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, which is a legitimate restriction permitted under the Constitution (see Supreme Court Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2002Hun-Ga, Aug. 26, 2004; Supreme Court Decision 2007Do3795, Jul. 12, 2007; Supreme Court Decision 2007Do8817, Apr. 27, 2007; Constitutional Court Decision 2007Do20797, Jul. 12, 2007).