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

Punishment of the crime

The Defendant is a “novahovah Witness” and is a person subject to enlistment in active duty service.

On November 18, 2015, the Defendant did not enlist in the Defendant’s house located in Daegu Suwon-gu B, 106 Dong 902, and “to be enlisted in the 102 supplementary unit located in Yongsan-gu, Cheongcheon-gu, Incheon-si, Incheon-si, Incheon-si, and in the 102 supplementary unit located in Yongsan-do, Incheon-si, Incheon-si, the Defendant did not receive a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration in the Daegu-si, Daegu-si, and without justifiable grounds, within three days from the date of enlistment

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to the details of enlistment in active duty service and delivery;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that he refused enlistment according to religious faith, and that this constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, Article 88 (1) of the Military Service Act, which is a provision punishing the act of evading enlistment, does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201) and does not constitute “justifiable cause” as provided for the exception of punishment under the above provision (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). (b) A person cannot be deemed to have the right to be exempted from the application of the above provision to conscientious objectors pursuant to Article 18 of the "International Covenant on Civil and Political Rights", and even if the United Nations Commission on the Freedom of Civil Rights proposed recommendations, this does not have any legal binding force (see, e.g., Supreme Court Decision 2007Do8187, Nov. 29, 2007).

It takes into account the fact that the defendant has no record of criminal punishment, and the defendant refuses to enlist based on his religious belief.