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

Criminal facts

The Defendant is a person subject to enlistment in active duty service as a new witness.

On May 18, 2015, the Defendant received a written notice of enlistment in active duty service from the Defendant’s office located in Pakistan-si C and 116 dong 1501, to the effect that “to be enlisted in the 102 supplementary unit located in Chuncheon-si, Newbuk-si, from July 14, 2015, the Seoul Regional Military Manpower Administration sent out by e-mail from the Defendant’s office, and did not enlist until July 17, 2015, for which three days have passed from the date of enlistment, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. The Defendant and his defense counsel’s assertion on criminal facts under Article 88(1)1 of the pertinent Act regarding the assertion of the Defendant and the defense counsel are the members of the “shovah Witness,” who refuse enlistment according to a religious conscience, and therefore there is a justifiable reason to refuse enlistment. However, aside from the fact that the Defendant and the defense counsel can relieve those who refuse enlistment according to a religious belief as the Defendant through legislation, the refusal of enlistment based on a religious belief and conscience cannot be deemed as a justifiable reason under Article 88(1) of the Military Service Act under the interpretation of the current Constitution and the current law.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, etc.). Under a different premise, the argument between the defendant and his/her defense counsel is rejected.

The reason for sentencing is that the defendant refused to enlist in the military according to a religious belief, and even though the need has been raised several times, the alternative military service system that allows the defendant to relieve those who refuse to enlist in the military according to a religious belief has not yet been established as the defendant, and in light of the defendant's religious belief, it seems difficult to expect the defendant to perform the duty of military service, and according to Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act, the defendant is punished by imprisonment