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 in Jehovahovah.

When anyone receives a written enlistment notice for an active duty serviceman, he/she shall enlist within three days from the date of enlistment.

Even though the Defendant received a notice of enlistment in the name of the director of the Seoul Regional Military Manpower Office to enlistment in the 306 Supplementary Army located in Seodaemun-gu Seoul and 501 around September 27, 2013 from the Defendant’s house located in Seodaemun-gu Seoul and 501, on November 12, 2013, the Defendant failed to enlist in the military without justifiable grounds until the 15th day of the same month, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on the accusation of persons who have violated military service (including a written accusation attached thereto), list of persons to be enlisted, domestic registration/mail, inquiry by visit, and confirmation of the facts of women and witnesses;

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

1. The Defendant asserted that he refused to enlist in active duty service according to his religious conscience as a witness of a female son.

Since such right to conscientious objection is guaranteed by Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights, the defendant's refusal to enlist in active service constitutes justifiable grounds under Article 88 (1) of the Military Service Act.

2. The fact that the exercise of fundamental rights under the Constitution ought to be carried out to the extent that it enables people to live a community with others within a State community and does not endanger other constitutional values and the legal order of the State is the basic limitation of the exercise of all fundamental rights, including the freedom of conscience.

The freedom of conscience is a relative freedom that can be restricted by law in accordance with Article 37(2) of the Constitution if there is a constitutional legal interest to justify the restriction.

In addition, Article 88 (1) of the Military Service Act, which is a punishment provision for evasion of enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and such duty of military service is properly secured.