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 who is engaged in religious activities of a female witness and is subject to enlistment in active duty service.

Although the Defendant received a notice of enlistment in active service under the name of the head of the Military Affairs Administration of Gwangju Southern District Office to enlistment at the Army Training Center located in Macheon-si B, 111 Dong 201, October 14, 2015 from the Defendant’s house located in 14, 2015 to November 30, 2015, the Defendant failed to enlist, without justifiable grounds, by no later than three days after the date of enlistment, on the ground that the Defendant’s enlistment violates the doctrine of sexual intercourses taught by the believers and the witness of the believers who are new and new believers.

Summary of Evidence

1. Partial statement of the defendant;

1. Notice of enlistment in active duty service;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. The gist of the argument is that the Defendant, as a new witness, refused to enlist in the army according to a religious conscience as a new witness, and such right to refuse military service is guaranteed by the rules on political rights of citizens and the Constitution, and thus, Defendant’s refusal to enlist in the army 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 is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, it should be deemed that there is a reason to justify the nonperformance of the duty of military service that is specified by the decision of the head of the Military Affairs Administration, etc., such as illness, that is, a reason that is not attributable to the person who performed the duty of military service. However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of Korea, and the right has superior constitutional value that enables the legislative purpose of the above provision.

Even if it is recognized, if Article 88(1) of the Military Service Act is applied and punished, his constitutional right is unfair.