Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The defendant is a witness witness in Jehovahovah.

around September 13, 2013, the Defendant, at the Defendant’s house located in Eunpyeong-gu Seoul and 401, failed to enlist without justifiable grounds until November 2, 2013, when the Defendant delivered a written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlist in the military according to the supplement of No. 102, located in Gangnam-gu, Gangwon-do, Gangwon-do on October 29, 2013, and three days after the date of enlistment.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. List of those to be enlisted in active service;

1. Application of domestic Acts and subordinate statutes of registration inquiry;

1. Determination as to the defendant's assertion 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 his religious conscience as a witness of a female son.

Such conscientious objection constitutes justifiable grounds under Article 88(1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if such duty of military service is not fulfilled properly and the national security is not guaranteed, the dignity and value as human beings cannot be guaranteed.

Therefore, military service is ultimately aimed at guaranteeing the dignity and value of all citizens as human beings, and conscientious objectors.