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

Punishment of the crime

The Defendant is a new witness of women’s family and family, who is subject to enlistment in active duty service.

A person who has received a notice of call-up for active duty service shall enlist in a training center designated by the date on which three days have elapsed from the date of enlistment or duty collection.

On November 14, 2016, the Defendant received a notice of enlistment in the active duty service under the name of the head of the Incheon Military Branch Office to the purport that “be enlisted in the Army Training Center located in the city of Chungcheongnam-gu, 2016, December 12, 2016” from the Defendant’s office located in the Nam-gu Incheon apartment B apartment on November 14, 2016, and did not enter the military without justifiable grounds until December 15, 2016, for which three days have passed from the date of enlistment.

Summary of Evidence

1. The Defendant’s legal statement (around May 12, 2017, after recognizing the fact of violation of the Military Service Act at the time of pleading, and making a statement in the last statement that he wishes to guarantee the right of conscientious objectors, there are justifiable grounds as follows in the summary of his oral argument, which is after the closing of pleadings:

argument is asserted.

The items shall be judged differently)

1. A written accusation and a written accusation;

1. Official notices of enlistment in active duty service and registration and delivery status of notices of enlistment;

1. Application of Acts and subordinate statutes, such as self-written documents;

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

1. The Defendant alleged that he was a witness of Jehovahovah’s Republic, and refused to perform military service according to his religious conscience. This constitutes “justifiable cause” that does not enlist under Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of the performance itself. However, the reason that can justify the nonperformance of the military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., disease, etc., is not attributable to the person who committed the non-performance of the military service.

However, the performance of specific military service is fulfilled.