The punishment of the accused shall be determined by one year and six months.

Punishment of the crime

The Defendant is a Jehovah’s Witness.

On November 5, 2015, the Defendant, as a person subject to enlistment in active duty service, received the notice of enlistment in active duty service at the office of the Defendant, North-Gu B, 105 Dong 304, and around December 1, 2015, to the 32 association located in the name of the Republic of Korea in the name of the Republic of Korea.

However, without justifiable grounds, the defendant did not enlist in the military even though the period of three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation, a written statement, the progress of delivery, and a fact-finding certificate;

1. Article 88(1)1 of the pertinent Act on criminal facts constitutes an Act that restricts the freedom of expression of conscience, contained in Article 18(3) of the International Covenant on Civil and Political Rights, which came into force against the Republic of Korea on July 10, 1990.

However, it can not be evaluated as a violation of the above regulations if the alternative service system has not been established.

Next, a wide range of discretion should be given to the legislators of member countries regarding whether to introduce the alternative service system. However, even if the peaceful co-existence relationship between South and North Korea is established and the understanding and tolerance of conscientious objectors are placed in our society, the consensus of members of the social community that does not realize equality of burden in the performance of military service and interfere with social integration is not formed, it is difficult to introduce the alternative re-delivery.

The judgment of this legislator is considerably unreasonable or clearly erroneous.

shall not be deemed to exist.

Finally, it shall not be construed that conscientious objectors are punished as a violation of Article 88(1) of the Military Service Act without providing them with an opportunity to exempt or substitute military service and thus contravene the rules.

On the other hand, from the provisions of Article 18 of the above international rules, conscience is according to conscience.