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

Punishment of the crime

On August 13, 2015, the Defendant is a person subject to enlistment in active duty after being judged as Grade II in the Gyeonggi Military Affairs Administration.

Although the Defendant received a notice from the Defendant’s home of Macheon-si C operation 303 on December 31, 2015 to April 14:00, 2016, that “be enlisted in the eight group of the eight group of the group of the group of the group of the group of the group of the group of the eight group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of the

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Statement of the accuser;

1. Enlistment notice in active service;

1. Notices sent to the Military Manpower Administration;

1. Fact-finding certificates;

1. Certificate of identification number;

1. Resident registration cards;

1. Application of resident registration certificate duplicate statutes;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts that the Defendant refused enlistment on the basis of his religious belief or conscience as a witness of Jehovah’s believers, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant did not constitute a crime of violating the Military Service Act against the Defendant.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value of the people cannot be guaranteed if the national security is not secured because the duty of military service is not fulfilled properly.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, and thus, the freedom of conscience of defendants is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

Furthermore, a wide range of legislative discretion is reserved on whether to impose punishment on a person who refuses enlistment in active service in order to secure the performance of military service and whether to recognize alternative military service.