Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a witness witness in Jehovahovah.
On November 25, 2015, the Defendant, as a person subject to enlistment in active duty service, was at the head of the Defendant’s office located in Ansan-si B B B B, B, 204, and was issued a notice of enlistment in the military training in the name of the head of the Gyeonggi-si, Chungcheongnam-si, Chungcheongnam-si on December 28, 201, and did not, without justifiable grounds, enlist within three days from the date of enlistment.
Summary of Evidence
1. Partial statement of the defendant;
1. A written accusation (the duty of military service is ultimately to ensure the dignity and value of all citizens as human beings.)
Therefore, the State’s criminal punishment against so-called conscientious objectors in accordance with reasonable legislative discretion cannot be deemed as going against Articles 10, 19, and 37(2) of the Constitution, which unfairly infringes on the freedom of conscience, or violates Article 6(1) of the Constitution and Article 18 of the International Covenant on Civil and Political Rights.
Such conscientious objection does not constitute “justifiable cause” under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2015Do6933, Jul. 23, 2015). statutory application applies
1. Determination on the application of the sentencing criteria under Article 88 (1) 1 of the Military Service Act (elective of imprisonment) to criminal facts: Not subject to application;