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

Punishment of the crime

The Defendant is a Jehovah’s Witness.

On October 30, 2015, the Defendant received a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of the Gyeong-do District Office to enlistment in the Army Training Center located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do on December 28, 2015 from the Defendant’s house located in Ansan-si, Gyeonggi-do and 103 Dong 406 around October 30, 2015, but did not enlist 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 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;