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

Punishment of the crime

The defendant is a witness witness in Jehovahovah.

On October 24, 2014, the Defendant did not enlist on the 11st day of the same month after three days from the date of enlistment without justifiable grounds, even though he received a written notice of enlistment under the name of the director of the regional military manpower office in the name of the Gyeongnam Military Manpower Office to enlistment in the Army Training Center from the Defendant’s office located at the window B of Changwon-si, to December 8, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation or a written notification;

1. The defendant's assertion on criminal facts under Article 88 (1) 1 of the relevant Article of the Military Service Act concerning the purport that the defendant's refusal to enlist in the military according to a religious conscience is justifiable, since he/she is a member of the "shovah's Witness" who refuses enlistment.

In the interpretation of the current Constitution and the laws, the refusal of enlistment on the ground of religious belief and conscience cannot be deemed as a justifiable cause under Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, etc.). Defendant’s assertion is rejected.

In consideration of the fact that the defendant's reason for sentencing led to the crime of this case according to religious conscience, the defendant is sentenced to the minimum punishment that meets the requirements for enlistment in the second citizen service under Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act.