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

Punishment of the crime

The Defendant is a doctor’s drawing of Jehovah’s Witness and is subject to enlistment in active duty service. On November 6, 2015, the Defendant’s home located in Seo-gu Daejeon, Seo-gu, Daejeon, and the first floor through his mother C through his mother, to December 8, 201 of the same year, received a written notice of enlistment in the name of the head of the Daejeon-nam District Military Affairs Administration, stating that he will enlist in five associations located in the area of the liquidation of Gyeonggi-do. However, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to the written accusation, written accusation, and additional notification for active duty servicemen;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant’s refusal of enlistment in active duty service according to a religious conscience as “novah Witness” is a new witness. Since such right to refuse enlistment in active duty service is guaranteed by the Constitution, the Defendant’s refusal of enlistment in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Ultimately, the duty of military service is to ensure the dignity and value of all citizens as human beings. Since the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests, conscientious objectors are difficult to be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act.

Therefore, the defendant's above assertion is rejected.

It is so decided as per Disposition for the above reasons.