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 January 5, 2015, the Defendant issued a notice of enlistment in the name of the mother of the director of the regional military manpower office in Gwangju-nam District Military Manpower Office to enlist in the 31st group located in the Northern-dong, Gwangju-gu, Gwangju-si on February 10, 2015, and did not, without justifiable grounds, enlist until February 13, 2015, for which three days have passed from the date of enlistment, from the date of enlistment.

Summary of Evidence

1. The defendant's partial statement in court (the statement to the effect that he did not enlist on the grounds of freedom of conscience after having received the enlistment notice);

1. Accusation, accuser’s statement, and enlistment in active duty service and notification;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

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

1. The gist of the assertion is that the Defendant, as a female witness and a new witness, refused to enlist in the army according to his religious conscience. This is a right belonging to the freedom of conscience guaranteed by the Constitution, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act and thus does not constitute an offense.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the recognition of its performance. However, the reason why the nonperformance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, is not attributable to the person who failed to perform the military service, i.e., disease, etc., shall be deemed to be limited to the reason that the non-performance of the military service is not attributable to the non-performance of the military service. However, even in a case where the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the above right has superior constitutional value to the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88(1) of the Military Service Act