Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On November 10, 2015, the Defendant was a person to be enlisted in active duty service, and the Defendant’s house located in Cheongju-gu B and 102 Dong 908 around 00 on November 10, 2015, and “to be enlisted in the 102 supplemental unit in the 102 supplemental unit in the 14:00 Dong-gu, Cheongcheon-si, Cheongcheon-gu, Cheongcheon-gu, Seoul, 2015” did not enter the military service by December 24, 2015, when he received a notice of enlistment under the name of the head of the Military Affairs Administration, and without good cause, three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Notice of enlistment in active service;

1. Application of Acts and subordinate statutes to confirm facts;

1. Determination on justifiable grounds under Article 88(1)1 of the relevant Act concerning criminal facts

1. The gist of the assertion is that the Defendant, as a witness of Jehovahovah’s Republic, refused enlistment in active duty service according to a religious conscience, and such conscientious objection is a right guaranteed pursuant to Article 18 of the International Covenant on Freedom of conscience and Civil and Political Rights under the Constitution, and thus, the Defendant asserts to the effect that such conscientious objection constitutes “justifiable cause” as stipulated 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 of the duty itself. However, the reason that can justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., disease, etc., should be deemed to be limited to the reason that is not attributable to the person who committed the

However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further, the right has superior constitutional value to the function of the legislative purpose of the legal provision of this case.

Even if it is recognized, the application of the legal provision of this case would result in an unfair infringement of his constitutional rights.