Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The Defendant is a Jehovah’s Witness Dol. The Defendant did not enlist on the 15th day of the same month in which three days have elapsed from the date of enlistment, even though he received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-gu, Gwangju-do, to enlistment in the 31st group located in the Northern-dong, Gwangju-do, and from August 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of accuser C;

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

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The Defendant asserts to the effect that he, as a witness of the incubation, refuses enlistment according to his religious conscience, and that it constitutes “justifiable cause” under Article 88(1) of the Military Service Act, as a right belonging to the freedom of conscience guaranteed by the Constitution.

2. Determination

A. "Justifiable reason" under Article 88 (1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of its performance. However, the reason why the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, is not attributable to the non-performance of the military service. However, even in a case where the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the right of the non-performance of the duty of military service is recognized as having superior constitutional value to the legislative purpose of the above legal provision, if punishment is imposed by the application of Article 88 (1) of the Military Service Act, it would result in undue infringement of his constitutional right. Thus, it is reasonable to view that there exists a justifiable reason for the non-performance of the duty of military service exceptionally to exclude such unconstitutional situation

B. However, Article 88(1) of the Military Service Act is the most basic.