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 April 29, 2015, the Defendant directly received the notice of enlistment from the Military Manpower Administration that he was in active duty service from Seo-gu C, the Defendant’s dwelling around April 29, 2015, and from June 9, 2015, that he was in active duty service from the 6th Sick Education Team (Seoul-do Hawon-dong, Dongwon-dong).

However, without justifiable grounds, the defendant did not enlist within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 88(1)1 of the Act on the Punishment of Criminal Crimes provides that the defendant asserts that there is a justifiable reason to refuse enlistment, but conscientious objection is not recognized as a justifiable reason to refuse enlistment under the current law, and such assertion cannot be accepted.