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 has been on March 28, 2004 and served as a witness of Shhohovah and has been engaged in religious activities with good faith until now, and is a person subject to enlistment in active duty service.

On March 12, 2015, the Defendant received a notice from the military affairs branch office of the Gyeonggi-do Branch Office of the Military Affairs on April 21, 2015 to enlistment in active duty service on the five association new soldiers training unit located in Seocheon-gun on April 21, 2015, but the Defendant did not enlist until April 24, 2015, which was three days after the date of enlistment, on the ground that he violated the doctrine of sexual intercourses taught by the believers and witnesses of the believers who are new and new who were the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. The reasons for sentencing under Article 88 (1) 1 of the pertinent Act on criminal facts and the Supreme Court of Korea held on August 26, 2004 (1) and December 27, 2007 (2007Do7941) that the punishment of so-called conscientious objectors under the Military Service Act is not unconstitutional, but the legislators have the duty to alleviate the conflict of conscience by presenting alternative such as the possibility of replacing the legal obligation within the scope that does not undermine the public interest or the legal order by the freedom of conscience under Article 19 of the Constitution, or by presenting alternative such as the individual exemption from the legal obligation (see the above judgment and decision).

However, since then, the legislators have not taken any measure.

The freedom of conscience under the Constitution is one of the fundamental rights, but it cannot be imposed with appropriate sentence between other fundamental rights or the duty of citizens under the Constitution, and therefore, in the absence of any measure on the possibility, standards, methods, etc. of alternative service, deeming only conscientious objection by religious reasons as the instant case is “reasons to justify the refusal of military service” as well as any other constitutional and legal confusion.