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 service.

On July 17, 2012, the Defendant: (a) received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-do regional military manpower office on August 27, 2012; and (b) did not, without justifiable grounds, enlist until August 30, 2012, when three days have elapsed from the said date.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of notification documents sent to the Military Manpower Administration and the Acts and subordinate statutes of notification of enlistment in active service;

1. Determination of conviction under Article 88 (1) 1 of the relevant Act on criminal facts;

1. The defendant, as Edo, refused to enlist in the military according to his religious conscience, and the refusal of enlistment according to such conscience constitutes an exercise of specific rights derived from Article 18(1) of the International Covenant on Civil and Political Rights (International Covenant on Civil and Political Rights) incorporated as part of the legal system of the Republic of Korea pursuant to Article 19 of the Constitution and Article 6(1) of the Constitution, and thus the defendant's refusal of enlistment in the military service constitutes "justifiable cause" under Article 88(1) of the Military Service Act.

2. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, based on the existence of an abstract duty of military service and the recognition of the performance of the duty itself, and the reason that justify the nonperformance of the duty specified, i.e., a cause not attributable to the nonperformance of the duty, such as illness, should be deemed to

However, even in cases where a person who refused to perform a specific obligation is guaranteed by the Constitution of the Republic of Korea, and furthermore, has superior constitutional value to the function of the legislative purpose of the above provision, if punishment is imposed by applying the above provision, it would result in unfair infringement of his/her constitutional rights.