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

Punishment of the crime

On September 23, 2006, the Defendant was a female witness with a fluence, and was engaged in religious activities with a new witness in Shovah until now, and is a person subject to enlistment in active duty service.

On November 24, 2015, at the defendant's house located in Seosan-si B and 109 Dong 902 on December 21, 2015, the defendant did not enlist in the military by not later than three days after the date of enlistment, on the ground that the defendant violated the doctrine of sexual intercourse and aggression taught by the believers and the witness of the believers who the defendant is a believers, although the defendant received a letter to enlistment in the active duty service in the Army Training Center located in Seosan-si, Seosan-si on December 21, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The Defendant asserts that there exists a justifiable reason under the main sentence of Article 88(1) of the Military Service Act by exercising the right to refuse military service pursuant to Article 19 of the Constitution regarding criminal facts.

However, military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests. Thus, it is difficult to view that the defendant’s conscientious objection based on the defendant’s religious conscience constitutes justifiable cause under Article 88(1) of the Military Service Act (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). Accordingly, the above assertion by the defendant is rejected.

The reason for sentencing is that the defendant refuses to enlist according to his religious conscience, and as long as the current law does not recognize the alternative return system for conscientious objectors, punishment for the defendant is inevitable.

However, the defendant shall be sentenced to the same punishment as the order in consideration of the fact that he/she reaches the crime of this case according to his/her religious conscience and the first offender, and even if he/she is sentenced to punishment.