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

Punishment of the crime

The defendant is a witness witness in Jehovahovah.

On November 12, 2013, the Defendant, at the head of the Defendant’s office located in the Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-do on December 24, 2013, failed to enlist in the military by the date on which three days elapsed from the date of the enlistment without justifiable grounds, notwithstanding the receipt of the notice of enlistment in the name of the director general of the regional military manpower office in the name of the Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-do on December 24, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. C’s statement and statement of accusation;

1. A certified copy of official document; and

1. A copy of the notice of enlistment in active service;

1. A copy of parcel-post investigation;

1. Application of Acts and subordinate statutes governing military register inquiry;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the Act on the Aggravated Punishment, etc. of Criminal Crimes, arguing that the Defendant, as a witness of Jehhovah’s Witness, refused military service according to his religious conscience, there exists justifiable cause for conscientious objection. However, the duty of military service ultimately aims to ensure the dignity and value of all citizens as a human being, and thus, to restrict the Defendant’s freedom of conscience pursuant

Even if this is a legitimate restriction permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court en banc Decision 2008HunGa22, Aug. 30, 201); thus, the above assertion disputing such a limitation is rejected.

When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant would be notified of enlistment at the same time and that the malicious circulation subject to criminal punishment might be repeated, a minimum sentence that meets the requirements for exemption from military service shall be imposed on the defendant.