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

Punishment of the crime

The defendant is a Jehovah’s Witness.

On September 15, 2014, the Defendant received a notice of enlistment in the name of the director of the regional military manpower office at the time of enlistment from the Defendant’s office located in Kimhae-si B, 107 Dong 1004 on October 20, 2014, to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and did not enlist without justifiable grounds until October 23, 2014, for which three days have passed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes governing an accusation, a written accusation, a parcel-post inquiry, and a parcel-post inquiry;

1. The defendant's assertion on criminal facts under Article 88 (1) 1 of the relevant Article of the Military Service Act concerning the purport that the defendant's refusal to enlist in the military according to a religious conscience is justifiable, since he/she is a member of the "shovah's Witness" who refuses enlistment.

In the interpretation of the current Constitution and the laws, the refusal of enlistment on the ground of religious belief and conscience cannot be deemed as a justifiable cause under Article 88(1) of the Military Service Act.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, etc.). Defendant’s assertion is rejected.

In consideration of the fact that the defendant's reason for sentencing led to the crime of this case according to religious conscience, the defendant is sentenced to the minimum punishment that meets the requirements for enlistment in the second citizen service under Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act.