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

Punishment of the crime

The defendant is a man as a witness of Hohovah and is a person subject to enlistment in active duty service.

On June 15, 2015, the Defendant received a notice of enlistment in the active service under the name of the director of the regional military manpower office in Gyeongnam-si, Kimhae-si, 801 Dong 202 from the Defendant’s residence on July 21, 2015, that “to be enlisted in the army” from July 39, 2015, and failed to enlist without justifiable grounds for the period of three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

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

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; Constitutional Court Decision 2008HunGa22, 2009HunGa7, 24, 2010HunGa16, 37, 2008HunBa103, 209HunBa3, 2011HunBa16, 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 shall be sentenced to the minimum punishment meeting the requirements for enlistment in the second citizen service prescribed by the Enforcement Decree of the Military Service Act.