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 September 24, 2014, the Defendant did not enlist until the 21st day of the same month after 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 security guards from the defendant's office located in the window B apartment 205 Dong 503, 306, and from November 18, 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; 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.