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

Punishment of the crime

The defendant is a new witness witness of Hohovah and is a person subject to enlistment in active duty service.

On August 28, 2014, the Defendant received, on October 20, 2014, a notice of enlistment under the name of the director of the regional military manpower office in the Gyeongnam Military Manpower Office to enlistment as the Army Training Center located in Chungcheongnam-gu, Chungcheongnamsan on October 20, 2014, and did not enlist, without justifiable grounds, until October 23, 2014 after three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to notify enlistment in active duty service and confirm e-mail perusal;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as a female witness church, refused military service according to his religious conscience guaranteed by the Constitution.

The above argument by the defendant does not constitute justifiable grounds under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Thus, the above argument cannot be accepted, and it is so decided as per Disposition.