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 August 7, 2014, the Defendant received the notice of enlistment in active duty service under the name of the director of the Gyeonggi-do regional military office having jurisdiction over the Gyeonggi-do regional military office, stating that he will be enlisted in the 306 supplementary units located in Seoyang-gu B and Da Dong B02 from the Defendant's office located in Goyang-gu, Goyang-si around September 16, 2014, and did not enter the military without justifiable grounds until three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant (not enlistment in the army);

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

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant statutory provisions on the Military Service Act argues to the effect that there exist justifiable grounds for refusing military service according to religious conscience. However, the Defendant’s assertion by the Defendant, etc. cannot be accepted solely on the sole basis of the circumstance of the Defendant’s assertion that the Defendant’s refusal of military service is difficult to deem that there exists justifiable grounds under the Military Service Act, given that the South and North Korea’s unique security situation, the problem of loss of military manpower that may arise when introducing the alternative military service system, difficulty in examining whether the refusal of military service is due to genuine conscience, and social public opinion is critical.

The reason for sentencing is that the defendant refuses to enlist in the military according to his religious belief, and the defendant is virtually unable to perform his military duty under the Acts and subordinate statutes of the Republic of Korea.

The current law that does not recognize the alternative military service system for conscientious objectors is inevitable to punish the defendant.

However, under Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act, only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for at least one year and six months shall be in the second citizen service.