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 in active duty service.

On August 6, 2014, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlistment in the army as of August 12, 2014, as of August 6, 2016, 701 through 102, in the name of the Incheon Gyeonggi-do regional military manpower office, and failed to enlist without justifiable grounds, for three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant, as a witness of Jehovahovah, failed to enlist in the military according to his religious belief or conscience, there is a justifiable reason to refuse enlistment.

2. 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 as human beings cannot be guaranteed if the duty of military service is not fulfilled properly and the national security is not ensured.

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, in order to secure the performance of military service, a broad legislative discretion has been reserved in regard to whether punishment is imposed on a person refusing enlistment in active service, and whether to recognize alternative military service. Therefore, even if a person refusing enlistment in active service on the grounds of conscience and religious freedom has a provision imposing punishment without any special exception instead of alternative enlistment in active service, it may be deemed that such provision violates the principle of excessive prohibition or proportionality.