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

Punishment of the crime

The Defendant is a “surhovah’s Witness.”

Although the Defendant received a written notice of enlistment in active duty service under the name of the director of the Daegu-do North Korean Military Manpower Office to enlistment in the 102 supplementary unit from the Defendant’s office located in B at the time of stay on September 2, 2014 to October 28, 2014, the Defendant failed to enlist until October 31, 2014 after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes to a written accusation;

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

1. The Defendant’s act of asserting was conducted as part of the exercise of the right to conscience under Article 18 of the Covenant and Article 19 of the Constitution. As such, the Defendant’s act of refusing enlistment constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, is not guilty.

2. International norms, such as the ICCPR, or the Constitution of Korea guarantee the freedom of conscience.

However, considering the fact that the freedom of conscience is subject to certain restrictions pursuant to Article 37(2) of the Constitution, and that if the duty of national defense, including the duty of responding to enlistment, is not fulfilled properly, it is difficult to guarantee the dignity and value of all citizens as human beings, it is difficult to view that the grounds alleged by the defendant under the interpretation of the current law constitute “justifiable cause” as stipulated in Article 88(1)

In consideration of the fact that the defendant's reason for sentencing led to the crime of this case according to his religious belief or conscience, the defendant shall be sentenced to the minimum sentence meeting the requirements for exemption from military service under the Enforcement Decree of the Military Service Act.