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

Punishment of the crime

The Defendant is a Jehovah’s Witness. On April 10, 2014, the Defendant received a notice of enlistment in the military training center under the name of the Gyeonggi Northern Military Manpower Branch Office (hereinafter “The Military Manpower Branch Office”) to enlistment in the military on April 10, 2014, and on May 19, 2014, the Defendant failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant (the purport that he did not enlist in the military by religious doctrine);

1. A written accusation;

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

1. The reason for sentencing under Article 88(1) of the relevant Act on Criminal Facts is not recognized as justifiable grounds for refusing enlistment on the grounds of religious doctrine under the current legal system.

Although the Defendant is a first offender, as long as the Defendant’s refusal of entering the military according to his religious conscience led to the instant crime, the Defendant will be sentenced to the minimum punishment that could escape from the obligation of military service. However, in light of the fact that discussions on alternative military service continue, statutory detention is not imposed, and the Defendant’s age, character and conduct and environment, circumstances leading to the instant crime, and motive leading up to the instant crime, and circumstances before and after the instant crime, etc., are considered as conditions for sentencing as shown in the records and arguments, and the judgment is ordered as above.