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

Punishment of the crime

The defendant is a new witness of Hohovah, who is subject to enlistment in active duty service.

On October 18, 2015, the Defendant received a written notice of enlistment in the name of the head of Yeonsu-gu Incheon Military Branch and sent from the head of the Incheon Military Branch to the effect that he will enlist as one association from the Defendant’s residence B B 102 Dong 402, Dong 402 to December 15, 2015, and did not comply with it within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to file an accusation, military register inquiry, enlistment notification, and notification sent to the Military Manpower Administration;

1. The Defendant’s assertion and judgment on criminal facts under Article 88(1) of the pertinent Act, as to the Defendant’s assertion and judgment on criminal facts, is a witness of Jehovah, who refuses to enlist in the military according to his religious belief and conscience. As such, the Defendant’s refusal to enlist in the military constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

The argument is asserted.

The freedom of conscience realization is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen. Thus, if the duty of military service is not fulfilled properly and the national security is not ensured, the dignity and value as a human being cannot be guaranteed.

Military service is ultimately aimed at guaranteeing dignity and value as a human being of all citizens.

It cannot be readily concluded that the freedom of conscience of conscientious objectors is superior to the above constitutional legal interests.

Even if the Defendant’s freedom of conscience is restricted pursuant to Article 37(2) of the Constitution for the foregoing constitutional legal interest, it is a legitimate restriction permitted under the Constitution (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). In addition, military service is exempted for conscientious objectors.