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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The Defendant is a person who was a female witness and has become a new witness of Hohovahovah before being on May 31, 2008, and has been enlisted in active duty service.
Although the Defendant received a notice of enlistment in active service under the name of the head of the Gyeonggi Army Training Center in the name of the head of the Gyeonggi-do Office with the purport of enlistment in active duty service on June 20, 2016 at the Defendant’s office located in Pakistan-si B, 202 and 905 around June 20, 2016, the Defendant failed to enlist, without justifiable grounds, at the expiration of three days from the date of enlistment, on the ground that the Defendant violated the doctrine of sexual intercourse taught by the believers and the witness of the believers who the Defendant is new and new.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes sent to the Military Manpower Administration, a written accusation, a written accusation, documents related to notification of enlistment in active duty service, and notification;
1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the former Military Service Act (amended by Act No. 14183, May 29, 2016), the Defendant asserts that the Defendant’s refusal of military service according to the Defendant’s religious conscience is justified as the act based on the rights guaranteed under Article 18 of the International Covenant on Civil and Political Rights and Article 19 of the Constitution. However, the Defendant’s refusal of enlistment on the ground of a religious belief cannot be deemed as “justifiable cause” under the main sentence of Article 88(1) of the Military Service Act (see Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2007Do7941, Dec. 27, 2007; 2007Do8178, Nov. 29, 2007).
The reason for sentencing set the term of punishment in consideration of all the circumstances, such as the possibility that the defendant would be subject to the second punishment and the equality with others in military service.