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 in active duty service.

On September 4, 2014, the Defendant received a notice of enlistment in the active duty service under the name of the director of the regional military manpower office of the Chungcheongnam-gu Office to enlistment in the military service from the Defendant’s house located in the Heung-gu B and the first floor of Chungcheongnam-si to October 14:00 on October 7, 2014.

The Defendant did not enlist in the military without justifiable grounds on the grounds of conscientious objection until October 10, 2014, for which three days have passed since the enlistment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Notice of enlistment in active duty service, and domestic registration/mail delivery;

1. Notices sent to the Military Manpower Administration;

1. Application of Acts and subordinate statutes governing military register inquiry;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the Criminal Act concerning criminal facts

1. The gist of the assertion is that the Defendant, who is a new witness of Jehovahovahovah’s Republic, raises conscientious objection in accordance with the religious doctrine.

The right to conscientious objection is the right guaranteed by the International Covenant on Civil and Political Rights and the Constitution of Korea.

Therefore, the Defendant’s refusal of enlistment in active service according to religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The “justifiable cause” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the acknowledgement of the performance of the duty itself. However, the reason that justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be limited to a cause not attributable to the non-performance of

However, in a case where a person who refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further, the right has superior constitutional value to the function of the legislative purpose of the above provision, it is reasonable to see that there exists a justifiable reason to refuse to perform the duty of military service.

However, the Constitution.