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

Punishment of the crime

The Defendant is a “novahovah Witness” and is a person subject to enlistment in active duty service.

The Defendant, at around October 29, 2015, at the Defendant’s dwelling place, B, 105-dong 103, B, and 103 of the Defendant’s apartment on October 29, 2015, “be enlisted to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do,” did not enter the military without justifiable grounds, by December 10, 2015, on the ground that the Defendant’s enlistment notice was served electronically under the name of the head of the Gyeonggi-do North Korean Branch Office, and was in violation of the doctrine of “nickhovah’s Witness and Witness” that the Defendant newly sealed.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each statute stated in the charge, a written accusation, a list of e-mail notices, and a written notification to the Military Manpower Administration;

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. According to Article 19 of the Constitution guaranteeing the freedom of conscience of the Defendant and Article 18(1) of the International Covenant on Civil and Political Rights (Convention No. 1007, Jul. 10, 1990, which entered into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”), the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is recognized that the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the same Act.

2. The meaning of “justifiable cause” under Article 88(1) of the Military Service Act

A. Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is a legal provision that was enacted in order to suppress evasion of enlistment and enforce the formation of military force, which is a national security, by punishing a person who fails to comply with an enlistment or a call notice, even after having received a notice of enlistment or a call notice, which is abstractly confirmed by the decision of the head of the Military Affairs Administration, etc. of the military service under the provisions of the Military Service Act.