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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant was a Jehovah’s Witness, and around June 2, 2014, at the residence of the defendant, located in Seohovah’s building B No. 102 Dong 201, Dong-gu, Seoan-gu, Seocheon-gu, Seocheon-gu,
7. Even though he received a written notice of enlistment in the name of the director of the Daejeon District Military Manpower Office, that he will be enlisted in the 306 supplementary military service on the 4.15th Government-Si, he did not enlist until the 18th day of the same month after the date of enlistment without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Application of an accuser’s written statement, notice of enlistment in active duty service, domestic registration/sub-post investigation, or military register inquiry;
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.
Under the current law that does not recognize the alternative military service system for conscientious objectors on the grounds of sentencing, punishment for the accused is inevitable.
However, according to the fact that the defendant refuses to enlist according to his religious conscience, equality with the sentencing in similar cases, and the introduction of the alternative military service system is being discussed in society, the defendant who is difficult to expect the actual performance of military service is sentenced to a minimum punishment meeting the requirements for exemption from military service in accordance with the consideration of a sentence to avoid repeated punishment. However, a court restraint is not made in consideration of the fact that the defendant is a first offender who has no criminal power at all.