Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

The defendant is a witness witness in Jehovahovah.

Although the Defendant received a notice to enlistment in active duty service from December 29, 2014 to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant did not enter the army without justifiable grounds within three days from the date of enlistment, for religious reasons, called a female witness.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation, a written accusation, and a written notification sent to the Military Manpower Administration;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act on the Military Service Act is a member of the “nhovah’s Witness,” and the Defendant asserts to the effect that there exists a justifiable reason for refusing enlistment, since he refused enlistment according to a religious conscience. However, aside from the fact that the Defendant may relieve those refusing enlistment according to a religious belief as the Defendant through legislation, the refusal of enlistment based on a religious belief and conscience cannot be deemed as a justifiable reason under Article 88(1) of the Military Service Act under the interpretation of the current Constitution and laws

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, etc.). The reason for sentencing is that the defendant refuses enlistment according to a religious belief; the alternative military service system, etc. that allows a person who refuses enlistment according to a religious belief as the defendant has not been established until now despite the need was raised several times; in light of the defendant’s religious belief, it is difficult to expect the defendant to perform the duty of military service; according to Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, only a person who has been sentenced to imprisonment with or without prison labor for at least one year and six months, or a person who has been sentenced to imprisonment with or without prison labor for at least one year and six months, is subject to enlistment in the second citizen service; thus, if the defendant is sentenced to a lower sentence, the defendant is likely to be punished by refusal of enlistment; and