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 subject to enlistment in active service.

Nevertheless, on July 15, 2016, the Defendant received a notice of enlistment in active duty service from the Defendant’s house at the Nam-si, Gyeonggi-do, 104 Dong 305, to enlistment as supplementary 102 August 23, 2016, and failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Statement of the accuser;

1. Enlistment notice in active service;

1. Details of receipt of registration;

1. Notices sent to the Military Manpower Administration;

1. Application of Acts and subordinate statutes confirming facts

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 the Defendant refused enlistment on the basis of his religious belief or conscience as a Jehovah’s Witness, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant did not constitute a crime of violating the Military Service Act against the Defendant.

On the other hand, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value of the people cannot be guaranteed if the national security is not secured because the duty of military service is not fulfilled properly.

Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, and thus, the freedom of conscience of defendants is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests.

This is a legitimate restriction permitted under the Constitution.

Furthermore, as to whether punishment should be imposed on a person who refuses to enlist in active service in order to secure the performance of military service, and whether to recognize alternative military service, a broad legislative discretion has been reserved for legislators. Thus, with respect to a person who refuses to enlist in active service on the ground of conscience and religious freedom, the enlistment in active service may be substituted.