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

Punishment of the crime

The Defendant is a new witness in women’s family and is a person subject to enlistment in active duty service.

The Defendant, around June 17, 2014, at his own residence located in Cheongju-si B, 810 Dong 1004, and up to August 12, 2014, “to be enlisted in the army” in the 37 Sari-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant was sent a notice of enlistment in active duty service under the name of the director of the regional military manpower office, but failed to enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a written statement of accusation and a written statement of accusation;

1. A plan for notification of enlistment in active duty service, a list of those subject to notification of enlistment in the 37 association, and military register;

1. Notice of enlistment in active duty service, and inquiry for domestic registration;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

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

1. The gist of the assertion is that the Defendant, who is a new witness of Jehovahovahovah’s Republic, raises conscientious objection in accordance with the religious doctrine.

The right to conscientious objection is the right guaranteed by the International Covenant on Civil and Political Rights and the Constitution of Korea.

Therefore, the Defendant’s refusal of enlistment in active service according to religious conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The “justifiable cause” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the acknowledgement of the performance of the duty itself. However, the reason that justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, should be deemed to be limited to a cause not attributable to the non-performance of

However, if a person who has 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 above provision.