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

Criminal facts

The defendant is a witness of Jehovah, and on May 26, 2014, the defendant's house located in Singu B apartment 111 Dong 503 on June 23, 2014, received a notice of enlistment in the military training center in the name of the director of the Incheon regional military manpower office to enlistment in the army training center located in Sinsan-si on June 23, 2014, but failed to enlist without justifiable grounds by not later than three days

Summary of Evidence

1. Partial statement of the defendant;

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

1. As the Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent statutory provisions on criminal facts, the Defendant asserts that the refusal of military service based on a religious conscience is a “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, given that the Defendant’s belief as a witness with the believers’s belief, according to the religious conscience based on a religious conscience, and according to the Constitution and international rules, the right to conscientious objection based on a religious conscience is guaranteed.

In principle, “justifiable cause” under Article 88(1) of the Military Service Act should be deemed as a matter of principle to justify the existence of abstract military service duty and the existence of the performance thereof, but the failure to perform the specified duty, i.e., reasons that are not attributable to the nonperformancer such as illness, etc. However, refusal of military service based on religious conscience does not include refusal of military service based on religious conscience, and the Constitutional Court consistently makes a decision that Article 88(1) of the Military Service Act, which is a provision punishing the evasion of enlistment

( Constitutional Court Order 2002Hun-Ga1 Decided August 26, 2004, Constitutional Court Order 2008Hun-Ga22 Decided August 30, 201, etc.). In addition, if conscientious objection is recognized as part of the freedom of expression of conscience pursuant to Article 18(1) of the International Covenant on Civil and Political Rights (hereinafter “Rules”), as alleged by the Defendant, as part of the freedom of expression of conscience, Article 81(1) of the Military Service Act restricts the freedom of conscience, the said Military Service Act is a law that restricts the freedom of conscience.