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

Punishment of the crime

The Defendant is a person who is a female witness and has become a new witness of Hohovahovah before being on August 12, 2006, and has been enlisted in active duty service.

Although the Defendant received a notice of enlistment in active duty service in the name of the head of Gyeyang-gu, Gyeyang-gu, 103 Dong 1201 at the Defendant’s house located around August 18, 2016, and on September 27, 2016, in the name of the head of the Gyeonggi-gu Office to enlistment in the 26 association’s new soldiers training team, the Defendant did not enter the military on the grounds that the Defendant violated the doctrine of the nature of the sexual intercourse taught by the believers and the witness of the believers and the rightion of the Defendant, and that he did not enter the military at least three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation or a written accusation;

1. Documents pertaining to notification of enlistment in active duty service;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. As to the assertion of the Defendant and his defense counsel regarding criminal facts under Article 88(1)1 of the pertinent Act, the Defendant and the defense counsel asserted that the Defendant’s defense counsel refused enlistment in accordance with the order of conscience as a new witness in accordance with the religious doctrine, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

"Justifiable reason" under Article 88 (1) of the Military Service Act, which is a punishment provision for refusal of enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of the performance of such duty itself. However, the reason that can justify the non-performance of the duty of military service specified by the decision of the head of the Military Affairs Administration, such as illness, should be deemed to be limited to the reason that the non-performance of the duty of military service is not attributable to the person who committed the non-performance of the duty of military service, such as illness. On the other hand, on the other hand, the right of a person who refused to perform the duty of military service is guaranteed by the Constitution of Korea,

The Military Service Act, even if applicable.