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 enlistment in active duty service, and if he has received a written notice of enlistment in active duty service, he must enlist within three days from the date of enlistment, but the Defendant received the notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-si Military Manpower Office on December 23, 2013, and on December 26, 2013, even though he received the notice of enlistment in the Army Training Center in the name of the director of the Incheon Gyeonggi-si Military Manpower Office on November 11, 2013, the Defendant did not enlist within three days from the designated date without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the accusation book, military register inquiry, notification of enlistment in active duty service, and list of persons enlisted for military service;

1. Determination as to the assertion of the defendant and his defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The Defendant asserted that he refused to enlist in active duty service according to one’s conscience as a believers of “novah’s Witness.” Since the right to conscientious objection is guaranteed pursuant to Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights incorporated into domestic law, the Defendant’s exercise of the right to conscientious objection 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 means a justifiable reason under Article 88(1) of the same Act is, in principle, premised on the existence of an abstract duty of military service and the confirmation of the performance of such duty itself. However, a reason that may justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, i.e., illness, or any other reason that cannot be attributable

(see, e.g., Supreme Court Decision 2003Do5365, Dec. 26, 2003): Provided, That the right of a person who refuses to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further, Article 88 of the Military Service Act provides that the right of a person who refuses to perform the specific duty of