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

Punishment of the crime

On May 20, 2014, the Defendant failed to enlist without justifiable grounds by the date three days have elapsed from the date of enlistment, on the ground that the enlistment notice was contrary to the religious doctrine of “novahovah’s Witness,” even though the Defendant was issued a notice to enlistment in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do on June 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a written accusation, military register inquiry, and written notice of enlistment;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act on the Military Service Act argues to the effect that, as a believers of a religion, a female witness, refused enlistment in active duty service according to his religious conscience, the refusal of military service based on religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, and thus, the refusal

However, conscientious objection based on religious conscience cannot be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act, and thus, the Defendant’s above assertion is rejected.