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

Punishment of the crime

The defendant is liable for military service. On July 15, 2013, the defendant's office at Dong-gu, Dong-gu, 206 Dong-dong 505 (D apartment2 complex), Dong-gu, Dong-gu, 201, through the Internet.

8. Even though the director of the regional military manpower office in Daejeon has received a written notice of enlistment from the director of the regional military manpower office in order to enlistment in the 102 supplementary units located in the 14:00, Chuncheon-si, the military personnel office did not enlist on the date of enlistment without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The Defendant asserts to the purport that there exists a justifiable reason for refusal of enlistment, since the Defendant’s assertion on the written accusation, written accusation, and written protocol of military register inquiry, as the E church believers, refused military service based on the conscientious objection right derived from the freedom of conscience under the Constitution.

On the other hand, Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it seems clear that if the duty of military service is not performed properly and the national security is not performed, the dignity and value as human beings cannot be guaranteed. Thus, the duty of military service ultimately aims to ensure the dignity and value as human beings of all citizens, and the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests. Thus, for the above constitutional legal interests, the freedom of conscience of the defendant is restricted in accordance with Article 37(2) of the Constitution.

This is a legitimate restriction permitted under the Constitution.

In addition, with regard to whether to impose punishment on a person who refuses to enlist in active service in order to secure the performance of military service, and whether to recognize alternative military service, a broad legislative discretion has been reserved for legislators. As such, the Military Service Act provides military service for those who are unable to cope with military service due to disease or mental or physical disorder.