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

Punishment of the crime

The defendant is a witness witness of Hohovah and is subject to enlistment in active duty service.

On September 9, 2015, the Defendant received a written notice of enlistment under the name of the head of the Incheon B, Dong 1106, from the Defendant’s dwelling in Seo-gu Incheon, Seo-gu, Incheon, and Dong 1106 to November 9, 2015, and did not enlist without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to certify receipt of a written notice, such as enlistment in active duty service and a written notice;

1. Determination on justifiable grounds under Article 88(1)1 of the relevant Act concerning criminal facts

1. The gist of the assertion is that the Defendant, as a believers witness, refused to enlist in active duty service according to a religious conscience, and such conscientious objection is guaranteed pursuant to Article 18 of the International Covenant on Freedom of conscience and Civil and Political Rights under the Constitution, and thus, constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of the performance of the duty itself. However, the reason that can justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., disease, etc., should be deemed to be limited to the reason that is not attributable to the person who committed the

However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and further, the right has superior constitutional value to the function of the legislative purpose of the legal provision of this case.

If a person is punished by applying the legal provisions of this case even if it is recognized, it would result in an undue infringement of his constitutional rights, so this would be excluded from this unconstitutional situation.