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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a witness witness in Jehovahovah.
The Defendant, as a person subject to enlistment in Grade II in the draft physical, failed to enlist in the military without justifiable grounds, even though he received a written notice of enlistment in the name of the head of the Gyeonggi-do Branch of the Army B, 104 Dong 1204 on April 24, 2017, and the head of the Gyeonggi-do Branch of the Army Training Center on May 29, 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of each statute stated in a written statement, enlistment notice, mail receipt record, and written notice;
1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act
1. According to Article 19 of the Constitution guaranteeing the freedom of conscience of the Defendant and Article 18(1) of the International Covenant on Civil and Political Rights (Convention No. 1007, Jul. 10, 1990, which entered into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”), the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is recognized that the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the same Act.
Therefore, there was a justifiable reason that the defendant did not enlist in the military, and there was no intention to evade enlistment.
2. The meaning of “justifiable cause” under Article 88(1) of the Military Service Act
A. Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been enacted in order to suppress evasion of enlistment and to enforce the formation of military force, which is a national security, by punishing a person who fails to comply with an enlistment or a call notice even after having received a notice of enlistment or a call notice that contains the abstract existence of military service under the provisions of the Military Service Act after the military service was specifically determined by the decision of the head of the Military Affairs Administration, etc., and thus, constitutes evasion of enlistment.