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

Punishment of the crime

When the defendant receives a written enlistment notice as a person subject to active duty service, he/she shall comply with the enlistment within three days from the date of enlistment.

Nevertheless, on August 13, 2015, the Defendant received a written notice of enlistment in the name of the head of the Incheon Military Manpower Branch Office to enlistment from the Defendant’s house located in Kimpo-si B apartment 108 Dong 903, and from September 21, 2015 to the Marine Education and Training Group located in the Hacheon-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-do, and did not comply with the call without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of accuser C;

1. Application of Acts and subordinate statutes on a written accusation, military register inquiry, output of enlistment notice in active duty service, mail delivery details, persons subject to draft physical examination, written notification sent to the Military Manpower Administration, confirmation of witnesses in nursing, and identification number certificates;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1)1 of the relevant Act

1. The Defendant, as a witness of Femalehovahovah’s Republic, refused to enlist in the army according to religious conscience.

Such conscientious objection constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The phrase “justifiable cause” under Article 88(1) of the Military Service Act should, in principle, be deemed to be based on the existence of an abstract duty of military service and the recognition of the performance of the duty itself, but the reason that can justify the nonperformance of the duty specified, i.e., a cause not attributable to the nonperformancer, such as illness.

However, even in cases where a person who refused to perform a specific obligation is guaranteed by the Constitution of the Republic of Korea as a ground for refusal, and furthermore, even if such right is deemed to have superior constitutional value that functions as a legislative purpose of the above provision, if the punishment is imposed by applying the above provision, it would result in undue infringement of his/her constitutional rights. Thus, when such a person refuses to perform a specific obligation, he/she shall be excluded from such