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

Punishment of the crime

The Defendant is a person who has been on July 31, 2010 and has been engaged in religious activities with good faith as a witness of Jehovah, and is subject to enlistment in active duty service.

No person who has received a written notice of enlistment in active duty service shall enlist in the army even though three days have passed from the date of enlistment without justifiable grounds.

Nevertheless, on October 13, 2015, the Defendant did not enlist until December 11, 2015, on the ground that the Defendant’s dwelling place located in Ulsan-gun apartment B, Ulsan-gun, 301 Dong 611 on December 8, 2015, which was sent a notice of enlistment in the name of the head of the regional military affairs office in the jurisdiction of the head of the Busan-si, Incheon-si, Incheon-si, which was to be enlisted in the military service on December 8, 2015, and was confirmed by the Defendant’s e-mail, but did not go against the doctrine of a sexual letter taught by the believers and the witness of the believers who the Defendant is new.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation or notice of enlistment in active duty service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts to the effect that there exists “justifiable cause” as prescribed by the said Article, since he/she refused to call due to a religious conscience as a believers of the religion, who is a female witness, and thus, he/she refuses to do so.

To the extent that the exercise of fundamental rights under the Constitution makes it possible to lead a community with others within the state community and it does not endanger other constitutional values and the legal order of the state.

Since this is the basic limitation of the exercise of all fundamental rights including the freedom of conscience, the freedom of conscience realization can be restricted by law in accordance with Article 37, Paragraph 2 of the Constitution if there is a constitutional legal interest to justify the restriction.

Article 88 (1) 1 of the Military Service Act shall not exceed three years, if a person who has received a notice of enlistment in active service fails to enlist in the military even though the period of three days from the date of enlistment without justifiable grounds.