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

Punishment of the crime

On October 24, 2014, the Defendant: (a) was a person who beliefed with the Jehovah’s Witness; (b) was in the office of the Defendant at the office of Nam-gu Incheon Metropolitan City C, B, 402(C lending) around 11:57 on October 24, 2014; and (c) was given a notice of enlistment in the office of the director of the Incheon Gyeonggi Gyeonggi Military Manpower Office to enlistment in the 102 supplementary military service located in the Gangnam-gu Incheon Metropolitan City, Gangwon-si, Gangwon-si on December 2, 201

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Military register inquiry;

1. Application of Acts and subordinate statutes on the list of nature reserved for conscription;

1. Determination as to the assertion of the defendant and defense counsel under Article 88(1)1 of the relevant Act on criminal facts

1. The Defendant asserted that he refused to enlist in the army according to a religious conscience as a witness of the female and his believers.

Such conscientious objection is derived from the freedom of conscience guaranteed by Article 18 of the International Covenant on Civil and Political Rights and the Constitution. “Justifiable cause” under Article 88(1) of the Military Service Act includes conscientious objection based on the foregoing religious belief.

Therefore, the defendant's refusal of enlistment does not constitute a crime for "justifiable cause" under Article 88 (1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance thereof. However, it shall be deemed that there is a reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, or a reason that is not attributable to the non-performance of the military service. However, even in cases where the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the right of the non-performance of the specific military service has superior constitutional value that enables the legislative purpose of the above legal provision, the Military Service Act shall be applied.